04/22/2021
With the current Real Estate market being absolute bananas, a lot of investors find themselves sitting on considerable equity. If they want to cash in on their appreciation, they may be looking at a substantial gain and tax bill to accompany it.
This is where a 1031 Exchange can come in.
A 1031 Exchange, also called a Like Kind Exchange, allows an investor to sell a property at a gain and avoid paying taxes. In a nutshell, the investor can avoid recognizing a gain if they sell their appreciated property and buy a new property meeting certain criteria within a short period of time.
Below are seven rules to keep in mind when executing a 1031 Exchange:
1. The exchange must be for Like Kind property. This would include commercial, residential, raw land, water rights, and oil and gas rights.
2. The old property and the new property must be for investment purposes and not personal.
3. The new property should be of equal or greater value, and the indebtedness (financing) should be equal or greater as well.
4. No boot received. If the new property has a lower cost than the old property, the owner would receive cash for the difference (called boot) and the boot is taxable.
5. Must be the same taxpayer or business who sells the old property and buys the new.
6. Identify up to 3 properties within 45 days after closing on the old property.
7. Close on the new property within 180 days.
Bonus: you must use an intermediary and cannot receive the funds directly from the sale of the old property.