Window Glass Shortages & Build-to-Suit 1031 Exchanges

Due to a variety of factors, there is currently a nationwide shortage of new glass and windows. As a result, taxpayers conducting build-to-suit construction exchanges are finding it difficult to obtain and install new windows within their 180-day exchange period. What are the 1031 exchange requirements that these taxpayers need to be aware of and what are their options given the current situation?

Defining Like-Kind Property

First, let’s define what like-kind property is in a build-to-suit construction exchange. Only property that is actually incorporated and affixed to the building is considered like-kind real property in a 1031 exchange. Once an item of chattel or personal property (e.g., a 2x4 board) is pounded in and permanently made a part of the real property, it is considered qualified as like-kind property to complete a 1031 exchange.

Pre-paying for materials or labor that are not actually completed or incorporated and affixed to the real property within the 180-day exchange period will not qualify for the tax deferral under section 1031 of the Internal Revenue Code.

Defer all of the Gains

In order to satisfy the accounting requirements for a 1031 exchange (and defer all of the gains), the new replacement property generally needs to exist as real property and be of equal or greater value than the relinquished property that was disposed of.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

Business Industries You May Not Have Considered for 1031 Exchange

Here are some business industries you may not have considered that can utilize 1031 exchanges for tax deferral.

Hotels and Motels

The hotel and motel industry is ripe for 1031 exchanges. Often, the operators of hotels and motels have about a 5-7 year hold time before they want to exchange into something different, another bigger and better hotel. 1031 exchanges can be layered into a hotel transaction very easily. Remember, 1031 exists to encourage people to continue to invest into another like-kind property. In my experience, hotel operators like to buy more of what they know and understand; they want to expand into bigger better hotels to compound and build their hotel portfolios over time.

TV and Radio Stations

The sale of television or radio broadcast stations often times have a FCC license, which can be exchanged for another FCC license in a bigger better market. Also included in the sale of a TV or radio station would be some other items, the transmitter tower, and personal property that goes along with the radio station, as well as some real estate, the buildings and improvements that the business operates in.

Focus on the Tax Incentives in Brokering a Sale of a Business

In summary, let’s remember when we are structuring the sale of a business, to always contemplate how we can do this in the most tax efficient manner. 1031 is a valuable tool for folks selling their business. Remember the like-kind requirements of real estate are very broad, so if I’m getting out of the grocery business and want to put my investments on auto-pilot, I could exchange into a management-free (real estate) investment and still preserve my capital by deferring the recognition of all of the capital gains tax from my old grocery store buildings and real estate.

Start Your 1031 Exchange Today

Under section 1031 of the IRC, real property can be exchanged without recognition of any taxable gain. This property needs to be used for investment or business purposes, and the net proceeds from the sale need to be reinvested into a newer replacement property. Give us a call today to learn more about our services and see if your property qualifies for 1031 exchange treatment. Our primary office is located in downtown Minneapolis but we work with clients throughout the country.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

The Benefits of a Reverse 1031 Exchange in a Downward Market

A downward market is where real estate values are declining and opportunities are rising; opportunities to buy real estate at a cheap price. Remember price is set by the market, value is established by the cash flow in an economic analysis. So, it is possible to buy a property at a price below its value and in the marketplace, if you find such an opportunity you want to seize on it immediately! You don't want to wait around; you want to buy it now!

Well, you say to me, I cant buy it now because if I do a 1031 exchange, the typical structure is that I sell and close on my relinquished property FIRST, and then SECONDLY, I buy my replacement property. If this great opportunity comes up, how can I take advantage of it and still avail myself of a 1031 exchange? A good example of this is if a bank takes back a property; they don't want to have it on its books. They have to reserve for it, they have to pay for expenses related to the property; they just want to get rid of that! They sell it at a deep discount; a discount below its actual value just to get it off their books. If you want to acquire that property, you have to move fast! You have to move before another investor moves in and takes it away from you and you will have to move in with money now! A strong cash offer will ensure you are the successful bidder.

Parking Your 1031 Exchange Property can be the Key Getting a Quick Good Deal

What you need to do is a reverse 1031 exchange. In a typical reverse exchange, your intermediary sets up an exchange accommodation titleholder. This is typically a LLC wholly owned by the intermediary and this holding company acquires the new property (for you). It purchases it and holds it so nobody else can get it. The IRS has laid out a safe-harbor in revenue procedure 2000-37. This is basically a recipe on how to do a reverse exchange. The best part of this deal (procedure ) is that you can have your intermediary take down this property. The bad side is, your intermediary can only park (own) this property and hold it for up to 180 days under the safe-harbor. That means, you basically have six months to unload or dump your old relinquished property.

The IRS 1031 Exchange Rules Favor Investors for Six Months

If the stars come into alignment, and you can get this great deal and park it with your intermediary, and take the next six months to market and get the highest and best price for your old property, you can really benefit. You can have your replacement property all teed up, ready and waiting for you, and then you dispose of your old relinquished property. Relinquished property sells, replacement property received, exchange is over, done! Exchange completed! Tax is deferred and YOU ARE A WINNER!

If You Don't Make It You Still Have 1031 Options for Another Real Estate Exchange

If the stars do not come into alignment (within six months), and you cannot unload your old relinquished property, it’s not the end of the world. You'll end up owning both properties. You can still do a 1031 exchange on your old relinquished property. But you will have to exchange into something else that you don't already own. At the end of the 180 days, your exchange accommodation titleholder is done holding it (parking is over); they will transfer it to you, so that it is your property now. You can’t exchange into something you already own, but it is still possible to exchange into something else.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

3 Tips for Navigating the Ins and Outs of a 1031 Exchange

There are a lot of complexities when it comes to 1031 exchanges of real estate. In this article, we are going to offer up a few tips for navigating the ins and outs of a 1031 exchange.

Tip 1 – Work with a Qualified Intermediary

The most important tip we can give you is to work with a qualified intermediary on your 1031 exchange. An intermediary is someone who knows section 1031 backwards and forwards and can help you with every aspect of your exchange. They are the most important advisor you can have by your side throughout the 1031 exchange process.

Tip 2 – Know the Rules

It’s essential to have at least a basic understanding of the rules that govern 1031 exchanges of real estate. This includes the timing rules, the qualified purpose rule, among others.

Tip 3 – Don’t Wait Until the Zero Hour

Lastly, it’s always a good idea to prepare, prepare, prepare as much as possible for your exchange. If you are thinking about doing an exchange, start looking into the details well before you intend to sell your relinquished property. This will give you and your intermediary enough time to effectively prepare everything that needs to happen to ensure a successful exchange.

1031 Exchange of Real Property

CPEC1031 prides itself on providing top-notch services to taxpayers around the country who are looking to exchange their property under section 1031. Our qualified intermediaries can help you through each and every step of your exchange. We can advise you on identifying replacement property, prepare all of your documents, and answer any questions you might have along the way. Contact us today at our Minneapolis office, or any of our satellite offices across the United States to set up a time to chat about your exchange.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

What to Know About 1031 Exchanges of Vacation Homes

For years tax controversies have stemmed from taxpayers selling their highly appreciated vacation/second homes. The problem has been that these "personal use" vacation-properties have fallen outside of the favorable tax treatments that many other real properties qualify for.

Vacation Homes

First, vacation homes normally do not qualify for the Section 121 Principal Residence Exclusion (provides an exclusion of up to $500,000 of gain for married persons filing a joint return / $250,000 of gain for single persons) because the property has not been used as the taxpayer's primary residence for two of the past five years. Second, despite the fact that many taxpayers feel that their second home or vacation condo is one of the best "investments" they ever made, and should qualify for tax deferral under Section 1031 (provides for non-recognition or deferral of capital gains tax for exchanges of properties held for "Investment" or for use in a "Trade or Business"); the IRS does not agree that these "personal use" type properties qualify for 1031 exchange treatment.

The IRS takes the position that vacation homes are held primarily for personal use rather than for investment. In May of 2007, the IRS successfully convinced the Tax Court that a taxpayer's exchange of a lake-side vacation home for another did not qualify as a 1031 exchange despite the taxpayer's expectation that the property would appreciate in value and could eventually be sold at a gain; Moore v. Commissioner, T.C. Memo. 2007-134.

SAFE-HARBOR

As a matter of administrative ease or convenience, the IRS has laid down a new safe-harbor for vacation home owners. Revenue Procedure 2008-16 gives owners who primarily rent out their vacation homes, but still occasionally use them for some personal use, a safe harbor to qualify for 1031 tax deferred treatment. Revenue Procedure 2008-16 requires that both the "relinquished property" that is sold and the "replacement property" that is purchased, must be used by the taxpayer consistent with a Qualifying Use Standard:

• TWO YEAR "OWNERSHIP" TEST: The taxpayer must have owned the vacation home for least 24 months immediately before the exchange;

• "USE" TEST FOR EACH OF THE PRIOR TWO YEARS: The taxpayer must have within each of the prior two 12-month periods immediately preceding the exchange:

  • (i) rented out the vacation home to another person or persons at a fair rental for 14 days or more, and (ii) not used the vacation home for personal use for more than 14 days; or more than 10 percent of the number of days during the 12-month period that the vacation home was actually rented at a fair rental.

A similar Qualifying Use Standard must be applied to any vacation home replacement properties. The taxpayers may take only limited personal use of their rented replacement properties for the 24 month period after completing their 1031 exchange into a vacation home.

Section 1031 has a very broad "like-kind" standard for real property. Generally, any real property within the United States that is held for "Investment" or for use in a "Trade or Business" can be exchanged for other US real property that will also be held for "Investment" or for use in a "Trade or Business".

Raw land may be exchanged for improved real property. Commercial property may be exchanged for residential rental property. Undoubtedly, many taxpayers who have grown weary of property management will consider purchasing vacation homes to be placed into a rental pool with the fringe benefit of occasional personal.

A smart taxpayer desiring more recreation might consider exchanging into multiple vacation home replacement properties. Each property would have a separate 14 day/ 10% personal use allowance. This is more advantageous than buying only one vacation home replacement property that would allow for less personal usage.

Real Estate Exchanges Under Section 1031

Under section 1031 of the Internal Revenue Code, taxpayers are able to defer their taxes when selling real property as long as they re-invest their net proceeds into replacement property. There are many rules and regulations you need to follow in a given exchange so it’s important to work with a qualified intermediary. Reach out to our 1031 exchange professionals today to talk about the details of your like-kind exchange. We work with taxpayers throughout the state of Minnesota and across the United States.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved