1031 Exchange

Who can be Considered a Related Party in a 1031 Exchange?

Financial-Planner.jpg

Involving a qualified intermediary is an essential step in the 1031 exchange process. Your intermediary is the key to helping you avoid receipt of the sales proceeds so you can defer all of your capital gains taxes on your sale. Additionally, your intermediary acts as your guide and protects your interests during the exchange. But not everyone can act as your qualified intermediary. In this article, we are going to explain who is considered a related party in a 1031 exchange.

Related Parties

The IRS restricts “related parties” from acting as qualified intermediaries on a taxpayer’s 1031 exchange. But what exactly is a related party? Essentially, anyone who is related to the taxpayer by blood or business affiliation is not allowed to act as the qualified intermediary. Here is a list of related parties that would be barred from acting as your intermediary:

  • Your mother, father, siblings, or other blood relatives

  • Your employee

  • Your accountant, lawyer, or CPA that has acted on your behalf over the past two years

Finding the right qualified intermediary is important. Look for someone who is well-reviewed, and well regarded in the industry. Someone with years of experience and specifically experience facilitating exchanges in your area is also a plus.

Save Money when Selling Real Estate

If you are looking to defer your taxes when selling real estate, a 1031 exchange is the tool you need. Our qualified intermediaries have been working with clients all over the country on their like-kind exchanges for the past twenty years. We can help you with your 1031 documentation, identification of replacement property, and more. Contact us today at our downtown Minneapolis office to learn more about our services and how we can help you save money on your next sale of real estate.

  • 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 a Qualified Intermediary Does and Does Not Do in a 1031 Exchange

Real-Estate-Attorney.jpg

If you’ve heard of a 1031 exchange, you may have heard of a qualified intermediary. But many people don’t have a solid understanding of what an intermediary actually does. In this article, we are going to discuss the important role that the qualified intermediary plays in a 1031 exchange of real estate.

What is a Qualified Intermediary?

A qualified intermediary is a neutral third-party who facilitates like-kind exchanges of property under section 1031 of the Internal Revenue Code. There are many benefits to working with a qualified intermediary, including:

  • Getting Your Questions Answered. Your intermediary will be on hand to answer any questions you might have throughout the process.

  • Preparing Your Documents. There are a lot of documents you need to bring to the closing table in a 1031 exchange. Your intermediary will prepare all of these documents to ensure a smooth closing.

  • Insulating You From Proceeds. In a 1031 exchange, you cannot under any circumstances receive any of the sales proceeds from your relinquished property. If you do, you will need to pay taxes on those proceeds. A qualified intermediary can insulate you from receiving these proceeds by holding it for you in an escrow account before transferring it over into your new replacement property.

These are just a handful of the many benefits of having a qualified intermediary by your side during your 1031 exchange.

Twin Cities 1031 Exchange Company

At CPEC1031, we are fully equipped to facilitate your exchange of commercial property. Contact us today at our downtown Minneapolis office to get started with your 1031 exchange and start realizing the tax-saving benefits of a like-kind 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

Delaware Statutory Trusts & 1031 Exchanges – What You Need to Know

Qualified-Opportunity-Zone.jpg

There are many options to consider when engaging in a 1031 exchange of real estate. In this article, we are going to talk about Delaware Statutory Trusts and how they can be utilized to your benefit in a 1031 exchange.

What is a Delaware Statutory Trust?

A Delaware Statutory Trust is a way of owning real estate. In a DST, there is a trustee appointed who is the figurehead owner of the property. The people who have invested in the trust (the beneficial owners) are not deemed to be owners of a trust for tax purposes. Rather, they are seen as owners of the assets within the trust. That means Delaware Statutory Trusts may be eligible for 1031 exchange.

Delaware Statutory Trusts & 1031 Exchanges

A Delaware Statutory Trust is a method for purchasing replacement property in a 1031 exchange. Here are some of the advantages of exchanging into a Delaware Statutory Trust:

  • Passive Ownership – Not Management Intensive

  • Portfolio Diversification

  • Non-Recourse Debt (Typically)

If you decide to exchange into a DST, it’s a good idea to use the 200% rule, rather than the 3 property rule. Otherwise, the amount of properties in the Delaware Statutory Trust may exceed the requirements of the 3 property rule.

Delaware Statutory Trust Qualified Intermediaries

It’s important to work with a qualified intermediary if you are considering a 1031 exchange of real estate. An intermediary is your go-to resource for all things related to your exchange. They can prepare all of your required documents, answer all of your questions, and help you find suitable replacement property. At CPEC1031, LLC, our intermediaries have more than two decades of experience helping clients with their like-kind exchanges. Contact us today at our Twin Cities office to learn more about 1031 exchanges and how we can help!

  • 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

 

In a 1031 Exchange, Do you Need to Receive All Identified Properties?

1033-Exchange.jpg

Property identification is one of the most difficult parts of a 1031 exchange. You want to make sure you find the right property for your needs and that the properties you identify fulfill the requirements of your 1031 exchange. In this article, we are going to talk about whether or not you need to receive all of your identified properties in a 1031 exchange of real estate.

Property Identification

Identifying your replacement property is an essential step in any 1031 exchange of real property. The first 45 days of your exchange period are set aside as your identification period. This is the time in which you have to identify in writing those replacement properties into which you want to exchange. Sometimes taxpayers will identify numerous properties during their identification period to keep their options open. But do you have to ultimately exchange into all of these properties when your exchange period comes to an end?

Identification Rules

If you are identifying property using the three property rule or the 200% rule, you do not have to exchange into every single property you identify. However, if you are using the 95% rule, you do need to exchange into at least 95% of the properties you identify during your identification period.

Commercial Real Estate Exchanges

A 1031 exchange can be nerve-wracking for first-timers and veterans alike. But having a skilled 1031 professional by your side will put your nerves at ease. The qualified intermediaries at CPEC1031, LLC have over two decades of experience facilitating exchanges for taxpayers throughout the United States. Our team can help prepare your documents, advise you on replacement properties, and answer all of your questions throughout the process. Contact us today to learn more about the 1031 exchange process and get your real estate exchange in the works!

  • 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 Qualities to Look for in a Qualified Intermediary

1031-Exchange-Community.jpg

Working with a qualified intermediary is perhaps the best thing you can do to ensure the success of your 1031 exchange. But it can be difficult to determine the quality of a given intermediary. In this article, we are going to discuss a few important qualities that make a great qualified intermediary.

Experience

When you’re looking to hire any professional, it’s important to consider their level of experience. This is true when hiring a plumber to fix your toilet, an accountant to do your taxes, or a qualified intermediary to facilitate your 1031 exchange. You want to make sure that your qualified intermediary has a good amount of experience facilitating 1031 exchanges.

Expertise

In addition to experience, you want to make sure your intermediary has the right expertise. Has your intermediary facilitated exchanges in your area (the state or city in which your property is located)? Have they conducted exchanges on this type of property before (apartment buildings, hotels, retail, etc.)? These are all important considerations as each location and industry can have its own unique hurdles.

Excellence

You also want to work with a qualified intermediary who provides excellent service to their clients. A good way to figure this one out is to look up client reviews of the intermediary and see if they are well regarded by their peers.

Save Money with a 1031 Exchange

If you’re thinking about saving money with a 1031 exchange, you’ve come to the right place. Contact the qualified intermediaries at CPEC1031, LLC today to start your exchange. Our intermediaries have over two decades of experience working with clients on all sorts of 1031 exchanges. We put that experience to work for all of our clients to ensure successful like-kind exchanges, no matter what type of property you’re buying or selling.

  • 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