Benefits of a 1031 Exchange in a Hot Seller’s Market

In a hot seller's market, people are making money and there is velocity in the marketplace. In this article, we'll talk about the benefits of conducting a 1031 land exchange in a hot seller's market.

What is a "Hot Seller's Market?"

A hot seller's market is where there are more buyers than there are sellers. When the demand is high, values go up. That's what we like to see - values going up, because it means we're all building equity and the economy is gaining strength.

Values, Profits & Taxes

When values go up that also means that potential profits or gains are going up. That's where the 1031 exchange is so valuable because when you have high profits or gains you have a lot to lose in potential taxes. By using a 1031 exchange to gain the deferral and defer that gain indefinitely by acquiring a replacement property of equal or greater value, equal or greater equity, and offsetting our debt relief, we can defer the gain and keep our hard-earned equity growing and compounding without the drag of taxation diminishing our net worth or slowing the building of our wealth.

• Start Your 1031 Exchange: If you have questions about the benefits of a 1031 exchange in a hot seller’s market, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

Tenancy-in-Common Distributions in a 1031 Exchange

Many taxpayers who are looking to do a 1031 exchange on tenancy-in-common property have questions about distributions. In Giurbino v. Franchise Tax Board, the California Board of Equalization discusses many of the concepts that would be involved in an application of section 1031 to such a transaction.

Tenancy-in-Common Distributions

In general, the determination of whether the TIC (Tenancy-in-Common) distributions would be sustained as actual (vs. fictional) distributions would involve an assessment of the following:

• Who negotiates the sale

• Who enters into the purchase agreement

• The amount of time that passes between negotiation and consummation of the sale

• The motivation behind the distributions (whether the court thinks this was done solely to obtain a different tax outcome without changing the underlying nature of ownership)

"Substance Over Form"

In making this determination, courts apply a “substance over form” approach. Notably, some of the decisions referenced in Giurbino also took into consideration when the distribution deeds were recorded and whether there were restrictions under lending arrangements on a transfer of the property.

The IRS has also recently (in 2008) amended the partnership tax return by the addition of questions relating to the completion of like-kind exchanges and distribution of TIC interests in partnership property during the current or prior tax year. For this reason, some commentary on “drop and swap” transactions suggest waiting for a period of up to two years following distributions before completing a like-kind exchange. However, there is no particular holding period requirement, nor is there any particular holding period which would absolutely insulate the transaction from scrutiny.

• Start Your 1031 Exchange: If you have questions about earnest money deposits or other items on the closing statement in a like-kind exchange, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

Save the 1031 Exchange - Contact Your Representatives

The 1031 exchange has been around for almost 100 years. But it may be on the chopping block as President Trump and Congress look at potential tax reform. Many people have called me and they're concerned about saving section 1031 and they want to know what they can do to help. 

How Your Can Help

There's a grassroots movement brewing up among real estate Investors and entrepreneurs that have real estate with substantial potential gains and they're thinking “What am I going to do? What is my exit strategy if Congress arbitrarily just eliminates section 1031 as part of an overall tax reform?”

Contact Your Representatives

Let your representatives know that you're concerned that if they eliminate this provision in the tax code that’s been around since 1921 it will adversely affect the economy, it will reduce economic growth, and real estate values will plummet. Let them know that you support a very surgical and thoughtful revision of the tax code that would save and preserve this very beneficial tax strategy.

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

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

1031 Case Study: Bank Rules & 1031 Exchange Protocol

Recently, a client came to us with the following 1031 exchange scenario. The client was looking to do a like-kind exchange on their condo. After crossing their t’s and dotting their i’s with 1031 exchange protocol, they discovered that the rules for 1031 did not coincide with the banking protocol.

The Importance of Qualified Purpose

In order to qualify for 1031 treatment, the client would have to rent the condo out for two years in order to satisfy the qualified purpose requirement. This did not gel with the banking protocol. The bank would not allow a regular loan if the client was to rent out their newly purchased property. This means that in order to qualify for 1031, the client must change it to an investment loan, have a different type of appraisal done, and acquire a higher interest rate for this new type of loan - all which is more than likely add time to the approaching 1031 deadline. 

Preparing for Your 1031 Exchange

The replacement property must be held for a qualified purpose of investment or business use; that may or may not necessitate an investment loan. To some degree the lender may be able to underwrite it as a regular loan. This is why it’s always a good idea to prepare for your 1031 exchange as early as possible to ensure it complies with all parties involved.

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

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

Funding Escrow in a 1031 Exchange - Cash vs. Sales Proceeds

In a 1031 exchange, can the seller use sales proceeds to fund the “escrow” account and still defer all taxes related to the sale, or does the seller need to bring cash to closing to fund the escrow? In this blog, we'll discuss this question through the lens of a client's recent 1031 situation.

Background

First, a little bit of background. In this case, the client had to get cash to the buyer at closing as part of a roof/HVAC concession. For the buyer’s financing reasons, he didn’t want it to come right off the purchase price. The client was hoping to get the cash to the seller as a “commission” expense to him since he was unrepresented. However, the buyer was financing through the SBA, and the SBA required an escrow account. Considering all of this, the client wanted to know if they needed to bring cash to the closing in order to defer the tax, or if they could use the sales proceeds to fund the escrow.

Transactional Expenses in a 1031 Exchange

Funds from the sale of the relinquished property may be used to pay customary transactional expenses including attorneys fees related to the disposition of the relinquished property and the 1031 exchange. However, if you have already paid the attorney the fees you typically may not be reimbursed with exchange funds during the exchange period.

The "G(6) limitations" impose stringent limitations on your ability to receive actually or constructively any proceeds from the relinquished property during the exchange period.

Unused Escrow Funds

If there are unused / unspent exchange funds remaining in the 1031 escrow account after the purchase of the last replacement property (at the end of the exchange period), these un-utilized proceeds may go back to you to reimburse you for expenditures you made for the exchange such as attorneys fees that you already paid.

You may want to discuss this with your CPA or tax advisor because reasonable people can differ in their approach to this topic.

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

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved