I had no idea what a 1031 exchange was when I first heard of it, but have since learned some more about it. This article is intended to help others who have no idea what a 1031 exchange is, but would like to know. I will do my best to write this in a clear, easy to understand manner.
Before you can understand how a 1031 exchange works, you should first understand why they exist. They exist so that people can avoid losing money in form of capital gains tax when they sell one property with the intent to reinvest the proceeds immediately. A 1031 exchange makes it possible to defer the capital gains taxes. The term 1031 actually comes from the IRS code. The reason this was created was to encourage people to continue to reinvest their profits, thus helping the economy.
Now that you understand the reason for a 1031 exchange let’s talk about the workings of a 1031 exchange. To get started, you will need to hire a professional QI (Qualified Intermediary). It is required by the law. These are companies that are an independent 3rd party whose job it is to make sure that you follow the rules. They also hold the gain from the sale of the original property until you reinvest it into the replacement property.
Next, there are some guidelines about what qualifies for a 1031 exchange. 1031 exchanges involve property. Generally, this would refer to single family rental units, multi-family rental units, office buildings, storage facilities, raw land, retail shopping centers, and industrial facilities. There are some things that are excluded from 1031 exchanges and you can find those by asking a QI about them.
One of the main factors is that the properties need to be of like kind. Like kind is referring to the nature or characters of properties, not the grade or quality. Another factor in 1031 exchanges is that the properties must be held for productive use in trade or business or for investment.
The 1031 in 1031 exchanges actually comes of the Internal Service Revenue code. Keep that in mind because there are a lot of rules and regulations about how you can and cannot use a 1031 exchange. While it is always advisable to seek the guidance of a professional pertaining to your circumstances, there are some general guidelines that can help you understand the basics.
1- The value of the new property must be of equal or greater value than the one you are selling. 2- The equity of the new property must also be of equal or greater value than the one you are selling. 3- The debt on the new property must be equal or greater to the debt on the property that you are selling. 4- ALL of the net profits from the property that you are selling must be used to acquire the new property.
Along with these guidelines, there are some timeline issues that you should be aware of as well. First, you must identify a replacement property by the 45th calendar day from the time of the closing on the old property. (There are even guidelines about how you identify property, but that is for another time) Second, you must close on the replacement property by the 180th calendar day from the time of the closing on the old property. Hopefully this helps everyone understand a little more about 1031 exchanges and how they work. Please consult a professional when you get started doing a 1031 exchange.
