Who is Barred from Acting as Qualified Intermediary in Your 1031 Exchange?

We’ve talked extensively about the role of the qualified intermediary in a 1031 exchange. But choosing a qualified intermediary can sometimes be tricky because some people are excluded from acting as an intermediary. In this article, we are going to discuss you can and cannot act as your qualified intermediary in a like-kind exchange of real property.

Qualified Intermediary Exclusions

In a 1031 exchange, some people are excluded outright from acting as your qualified intermediary. Here are some of the parties who cannot act as your intermediary:

• Related Parties – your father, aunt, brother, sister, etc.

• Agents of the Taxpayer – your CPA, accountant, attorney, etc.

• Employees of the Taxpayer

• Your Real Estate Agent

Anyone who has acted as one of the above parties within the past two years is barred from being your qualified intermediary.

Working with a 1031 Company

In short, a qualified intermediary must be an independent third party with no prior association with the taxpayer conducting the exchange. The best course of action is to work with a company that specializes in facilitating 1031 real estate exchanges. These companies work on like-kind exchange transactions day in and day out and know the process backwards and forwards.

Contact a 1031 Exchange Professional

We work directly with CPEC1031, LLC to facilitate 1031 exchanges of real estate for our clients. The team of qualified intermediaries at CPEC1031 have decades of experience in the 1031 exchange industry. Our intermediaries will prepare your 1031 documents, advise you throughout your exchange, and answer any questions you may have. Give us a call today to speak with one of our like-kind exchange professionals about how you can defer capital gains taxes on the sale of real estate. Our main office is located in Minneapolis, but we work with clients throughout the state of Minnesota, and around 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

How Does a Partial Like-Kind Exchange of Real Estate Work?

A partial 1031 exchange occurs when the exchangor recognizes gain at some point during their 1031 transaction and is unable to fully defer their capital gains taxes. In this article, we are going to explain what exactly a partial 1031 exchange is and how to avoid one.

Partial Exchanges

A partial exchange is a 1031 exchange in which the person doing the exchange receives some portion of like-kind property, and thus recognizes some capital gains on the sale.

Here are some of the situations in which an exchangor may recognize gain in the course of their 1031 exchange:

• They fail to receive adequately valued Replacement Property

• They receive any mortgage or cash boot

Tips for Avoiding a Partial Exchange

With a 1031 exchange, ideally you want to shoot for a full and complete 1031 exchange by avoiding constructive receipt of any boot or like-kind property. However, sometimes receiving boot is unavoidable. In these instances, a partial 1031 exchange is a better alternative to no 1031 exchange at all.

You should always consult with a qualified intermediary about your situation to ensure you have the best possible chance of deferring all of your capital gains taxes on the sale of your real property.

Twin Cities 1031 Specialists

A 1031 exchange is a great way to defer your capital gains taxes, and keep that money working for you in a continued investment. Section 1031 is a part of the Internal Revenue Code, and is available to all US taxpayers. If you want to learn more about 1031 exchanges of real estate, contact the qualified intermediaries at CPEC1031, LLC. We have been facilitating real estate exchanges for twenty years, and can advise you through each step of your commercial real estate exchange. Contact us today to set up an appointment at our downtown Minneapolis office.

• 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 Does a “Third Party Administrator” do in a 1031 Exchange?

There are several parties involved in a typical 1031 exchange transaction. Today we’re going to take a closer look at one in particular – the third party administrator. In this article, we are going to discuss the role of the third party administrator in a 1031 exchange of real estate.

Third Party Administrator Defined

First thing’s first – what exactly is a third party administrator? Put simply, a third party administrator is a professional who specializes in facilitating 1031 exchange transactions. Essentially, a third party administrator is just another term for a qualified intermediary – a term you might be familiar with if you read our blog regularly. Here are a few benefits to hiring a third party administrator for your real estate exchange under IRC section 1031:

• Preparing Documents. There are a lot of documents you need to prepare during a typical 1031 exchange, and a third party administrator can take care of all of them so you don’t have to.

• Answering Questions. A lot of people who have never done an exchange before (and even some who have done many) have questions about their 1031 transaction. A third party administrator can answer all of your questions that arise during your exchange.

Real Estate Exchange Services

At CPEC1031, LLC, we provide real estate exchange services under section 1031 to clients in Minnesota and all over the country. A 1031 exchange is an excellent tax-deferral tool that allows you to avoid a big capital gains tax hit on the sale of real property as long as you move your net proceeds into a qualified replacement property. The added benefit is that you can keep your money working for you – compounding and building wealth over time. Contact our intermediaries today at our downtown Minneapolis office to speak in greater detail 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

Empty Office Space Threatens a New Economic Crisis - 1031 Exchanges can Help

The COVID-19 pandemic is taking a toll on the commercial real estate industry, and its impact could have broader implications for the economy as a whole. In this article, we’ll take a look at the challenges facing the commercial real estate industry during the pandemic and some potential solutions.

The Impact of COVID-19

COVID-19 has impacted every industry in one way or another, and commercial real estate is no different. With various lock-down measures in effect across the country, more people are staying home – not going out to eat, drink, or shop nearly as much as before. Furthermore, many companies have instituted work from home policies for their employees for the foreseeable future. It’s not a stretch to imagine these companies rethinking their need for physical office space as we get deeper into this pandemic.

So what happens if companies choose not to renew their office leases and we end up with a significant number of empty buildings with no plan to replace their previous tenants? No one can say for sure what the outcome would be, but it likely wouldn’t be good.

1031 Exchanges can Help

Segments of real estate industry are much weaker and more vulnerable than people think. Removing 1031 exchanges (as Joe Biden has proposed in his tax plan) will further harm an industry that is essential for job creation, economic stability and growth. In a time of great uncertainty in the commercial real estate industry, it’s important that 1031 exchanges remain intact to help prevent the further downtown of the commercial real estate market and the economy as a whole.

1031 Exchange Company in Minneapolis, MN

CPEC1031, LLC has been facilitating 1031 exchanges of real estate for over twenty years. Our qualified intermediaries have the knowledge and experience to guide you through your real estate exchange. Contact us today to learn more about the 1031 exchange process and how we can help. You can find us at our primary office located in downtown Minneapolis.

• 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

Can I Close All my Transactions (Purchase & Sale) on the Same Day in a 1031 Exchange?

Can you close all of your transactions on the same day in a 1031 exchange? That’s our topic of discussion for this article.

Closing Transactions on the Same Day

Yes, it is possible to close the relinquished property and multiple replacement properties all back-to-back on the same day…but it’s not recommended.

Generally, you space out the closings to allow time for the funds to transfer and to allow a little wiggle-room to account for unexpected delays.

What if the Buyer of the Relinquished Property Causes a Delay? 

In this scenario, all of the other closings for the replacement properties would get pushed back, causing frustration and extra work for the other parties.

Murphy's law states that "anything that can go wrong will go wrong," so allow sufficient time to get each leg done.

It is a hot seller’s market and title companies, escrow officers and real estate people are all working hard to keep up with the high volume, which means there is a good possibility of an unforeseen problem at some point.

CPEC1031

If you’re considering a 1031 exchange of your property, it’s important to get ahead of things early in the process to avoid any potential complications. Contact CPEC1031, LLC today to learn more about the exchange process and how we can help. Our qualified intermediaries have been facilitating 1031 exchanges for over two decades. We can help guide you through the exchange process.

• 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