1031 Exchange

How to Keep Operational Expenses Off of the 1031 Exchange Closing Statement

110924822_xl.jpg

Title closers often wonder what they can put on a settlement statement when a client is selling their old relinquished property in a 1031 exchange. Here are a couple of tips.

Don't Gum Up the Closing Statement

In any 1031 exchange, you want to take all of the proceeds or equity that the seller has in the relinquished property and move that to the new replacement property. So we don't want to gum up the closing statement on the relinquished property with a bunch of sale expenses that are peculiar and weird. For example, we wouldn't want to put items on the closing statement that debit the sales proceeds for unusual, non-customary expenses, nor do we want to include expenses that are really operational.

Taxes, Rent & Insurance Costs

So if you have a debit for tax prorations, rent prorations, insurance costs, or anything that is really an operational expense related to the property, it's prudent to have the taxpayer and the taxpayer’s CPA or tax advisor talk about those expenses before the settlement statement is finalized.

It may actually be prudent for the seller to bring money into the closing to pay the prorated taxes, to pay the prorated rents, to pay any security deposits that need to be transferred to the buyer, and also to pay any other operational expenses like insurance. By having this preliminary settlement statement prepared and circulated to the appropriate advisors you can assure yourself that the seller will get the best result at the closing with the least amount of drama and disruption.

  • 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

When Does a 1031 Exchange Get Taxed?

Escrow-1031-Exchange.jpg

A lot of taxpayers conducting like-kind exchanges wonder how to report a 1031 exchange to the IRS. Another common tax-related question we get is “how is my exchange taxed if it straddles two years?” In this article, we are going to dive into that topic and talk about how to handle a 1031 exchange that crosses over into a new year.

Like-Kind Exchange Periods

The standard time period for a like-kind exchange is 180 days. That means you need to sell your relinquished property and acquire your replacement property within 180 days or your exchange will fail. However, there are a few rare exceptions to that rule. For example, if your federal tax filing deadline lands within your 180 day exchange period, the filing deadline is your new 1031 exchange deadline. This is because the IRS wants to see your relinquished property and your replacement property reported on the same tax return.

As always, preparation is the key ingredient here. If you begin planning your 1031 exchange early, and involve a qualified intermediary, you will have all of your bases covered and you won’t be scrambling at the last minute. You should also involve your CPA in the process to make sure things go smoothly.

1031 Exchange Tax Help

If you’re confused about how to report your 1031 exchange on your upcoming tax return, reach out to a qualified intermediary for help. At CPEC1031, LLC, our intermediaries have more than two decades of experience working on like-kind exchanges of all shapes and sizes. We can put that experience to work for you! Our intermediaries can help navigate you through the 1031 exchange process, making sure you meet all the deadlines and requirements along the way. Contact us today to learn more about our 1031 exchange services.

  • 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

Sign Up for our Free Webinar: 1031 Exchanges in a Seller’s Market

Small-Investors-1031-Exchange.jpg

Join Jeff Peterson of CPEC1031 and Matt Thompson of US Bank for a discussion about the ins and outs of 1031 exchanges in a seller's market.

Details:

  • What: 1031 Exchanges in a Seller’s Market

  • When: February 18 at 9:00 AM CST

  • Where: Online - click on the link below to learn more and RSVP!

RSVP

Event Speakers

jeff-peterson-1031-exchange.jpg

Jeff Peterson

Jeffrey Peterson is the president of CPEC1031, LLC. He received both his B.A. and his J.D. from the University of Minnesota, and is a member of the Minnesota State Bar Association and the Tax Section of the American Bar Association. He is also an adjunct tax law professor at Mitchell Hamline College of Law and instructor for Kaplan Real Estate Education.




Matt+Thompson+head+shot.jpg

Matt Thompson

Matt is a business banking market leader at US Bank. He works with business clients to help them with all of their banking and financial needs. He enjoys working with all types of business owners with a focus in manufacturing, real estate and practice finance.

 

The Importance of the 1031 Exchange Napkin Test

7403701_m.jpg

One of the most difficult things about doing a 1031 exchange is figuring out if your property qualifies. The “napkin test” is a quick and easy way to see if your property meets the required benchmarks for a 1031 exchange. This article explains the 1031 exchange “napkin test” – a quick method for determining if your property qualifies for a 1031 exchange.

Equity, Value, Debt

Grab a napkin and a pen and let’s figure out if your property meets the required 1031 exchange guidelines. The first step is to think about your exchange from an accounting perspective. In general, you want your acquired replacement property to be equal to or greater than your relinquished property in value.

Next you need to make sure that all of your equity (the net proceeds from the sale of the relinquished property) is rolled into the new replacement property. Remember that you need to move all of this equity into your replacement property and cannot receive any of it in order to defer all of your taxes.

Finally, you need to consider your debt on the new property. To the extent that you’re relieved of debt after selling the relinquished property, you want to offset that debt relief with new debt on the replacement property side.

1031 Exchange Company in MN

When considering a like-kind exchange of property, speaking with a qualified intermediary is an essential first step. A qualified intermediary can guide you through the process of your exchange, answering your questions and making recommendations along the way. The 1031 exchange professionals at CPEC1031, LLC have decades of experience managing like-kind exchanges for taxpayers large and small. If you are interested in availing yourself of the tax-saving benefits of a 1031 exchange, contact one of our qualified intermediaries today and set up a time to meet at our downtown Minneapolis offices.

  • 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

Did You Know? A Failed 1031 Exchange May Qualify for Installment Sale Treatment

Real-Estate-1031-Exchange.jpg

It is possible that a seller (intending to conduct a 1031 exchange, but failing to identify or properly receive replacement property) to be able to defer the income tax consequences from the failed 1031 exchange into the following income tax year. If the deferred exchange where the funds are held by a qualified intermediary fails, the seller should still be entitled to installment sales treatment when the proceeds or non like-kind property are received. This can be much better than recognition of the gain in the income tax year in which the relinquished property is closed.

Internal Revenue Code

The provisions of IRC §453 specifically contemplate that the installment sale rules and the like-kind exchange rules of IRC §1031 may apply to the same transaction.

  • 453(f)(6) provides that in the case of an exchange which only partly satisfies the nonrecognition of gain rules under §1031 because of the receipt of boot, the taxpayer’s ability to use installment sale treatment with respect to the boot is determined by excluding from the installment sale computations

  • any qualifying like-kind property received by the taxpayer and

  • the gain not recognized as a result of such like-kind property.

Contact CPEC1031

If you’re looking for help with your commercial transaction, you’ve come to the right place. CPEC1031 has been facilitating commercial real estate deals for decades. We have the knowledge and experience to ensure that your next commercial transaction is a great success. Contact us today to get help with your commercial real estate transaction. Our primary office is located in downtown Minneapolis, but we also work with clients across Minnesota and 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved