Many people have no idea what a 1031 exchange is, but hear of it when it comes time to sell off property. This article is intended for those people. I have written this in the simplest way that I can so that it can be understood by all.
First, to understand what a 1031 exchange is, you should understand the purpose behind it. The whole concept behind a 1031 exchange is to defer some taxes (capital gains tax) from the sale of that property, when you plan to invest the profits from that sale directly into another property. People do this so that they do not lose any equity in the transition from one property to another.
So now that you understand the purpose, you should understand a little bit about how it works. First, you are required by law to have what is called a QI. This is a 3rd party that is independent and serves as a Qualified Intermediary (hence QI). They are there to hold the profits from the sale of the first property that you sale until you invest it into another property(s).
Next, there are some rules about what can and cannot qualify for a 1031 exchange. First, remember that we are discussing property. This cannot be done with anything but investment properties. However, that can be widely defined to mean single family rental units, multi-family rental units, office buildings, storage facilities, raw land, retail shopping centers, and industrial facilities.
Second, the move from one property to another has to be of like kind. This does not refer to the condition or value of the properties, but rather that they are similar in character or nature. They (referring to all properties involved) must also be held for productive use in trade or business or held for investment purposes.
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 replacement property must be equal to or greater than the value than the old property that you are selling. 2- The equity of the replacement property must also be equal to or greater than the value of the old property that you are selling. 3- The debt on the replacement property must be equal to or greater than the debt of the old property that you are selling. 4- ALL of the net proceeds from the old property that you are selling must be used to acquire the replacement property.
There are also some timeline issues that you will want to be aware of. First, in order to successfully qualify for a 1031 exchange, you will need to identify a new property by the 45th calendar day from the time of the closing on the relinquished property. (There are guidelines about that too – see a professional) Second, you need to close on the new property by the 180th calendar day from the time of the closing on the relinquished property. Hopefully this helps. Please call a professional when you are getting ready to consider a 1031 exchange.
