When to Get Your Attorney Involved in Your 1031 Exchange

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People doing 1031 exchanges often ask “should I have my attorney involved in my 1031 exchange?” In this article, we are going to talk about the professionals you should have on your 1031 exchange team.

Involving Your Attorney

I always advise people that if they don't understand what they're doing, or they don't understand what they're reading, they need to assemble the whole crew of professional advisors so they have all the resources available to them.

One of those important resources is your attorney.

It’s important to have the attorney review the various purchase agreements, contracts, and exchange documentation that will be prepared part and parcel with your sale and closings of the relinquished property and replacement property.

Other Professionals to Have on Your 1031 Team

Also, it's very important to bring in your accountant or tax preparer who will eventually be reporting this transaction on form 8824 with your tax return for the year in which you sell the relinquished property.

In addition to the attorney and accountant there are other professionals that can help you navigate these waters such as a sophisticated commercial real estate broker, or financial planner.

All of these folks can provide you the full picture and depth of resources that you need to make the best decisions possible for your set of circumstances.

CPEC1031 in Minneapolis, MN

At CPEC1031, we value long-lasting client relationships. For decades, we have been providing title closing and 1031 exchange services to our clients throughout the state of Minnesota and across the country. Contact us today to learn more about the extent of our services and how we can help you with your next transaction. 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

Sign Up for our Free Webinar: Eviction Moratorium & 1031 Exchange Update

Join Jeff Peterson of CPEC1031, Brian Niemczyk of Hellmuth & Johnson, and Matthew Thompson of USBank for a discussion about the recent update to Minnesota’s eviction moratorium and the fate of 1031 tax reform.

Details:

  • What: Eviction Moratorium and 1031 Exchange Update

  • When: Oct 19, 2021 09:00 AM - 10:00 AM CST

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

RSVP

Speakers:

Jeff Peterson - CPEC1031, LLC

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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.


Matthew Thompson (Host) - U.S. Bank

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Senior Vice President Business Banking Market Leader in the Twin Cities. Matthew manages a team of over 80 bankers who serve business customers and commercial real estate owners.


Brian N. Niemczyk - Hellmuth & Johnson

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Brian practices primarily with the firm’s litigation group and focuses on commercial, landlord-tenant, real estate, and employment litigation. He also draws upon his litigation experience to counsel his clients on methods of avoiding litigation in the first place.

Why 1031 Exchange Rules Favor Investors for 6 Months

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In a 1031 exchange, there are strict rules that govern the time periods by which you must abide in order to have a successful exchange. Specifically, you have 180 days total to complete your exchange. This goes for both forward and reverse exchanges.

Parking Your Replacement Property

Sometimes, taxpayers find the perfect replacement property before they’re able to sell their relinquished property. The good news is, you are able to purchase that relinquished property and park it with your intermediary’s Exchange Accommodation Titleholder, and take the next six months to market and get the highest and best price for your old property, and still benefit from a 1031 exchange. You can have your replacement property all teed up, ready and waiting for you, and then when you dispose of your old relinquished property.

The steps to wrap-up are:

  • Relinquished property sells.

  • Parked replacement property transferred to you.

  • Exchange is over and tax is deferred

If You Don’t Make It You Still Have 1031 Exchange Options

Here is a 1031 Tip. If the stars do not come into alignment (within six months), and you cannot unload your old relinquished property so that you reverse exchange fails, 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 (when and if it eventually sells). But you will have to exchange into something else that you don’t already own. At the end of the 180 days, your EAT 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 (when your relinquished property eventually sells) it is still possible to exchange into something else (just not the property that you already own).

  • 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

How Many Replacement Properties Are You Allowed to Identify in a 1031 Exchange?

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The treasury regulations contain restrictions on the number of properties which can be identified as potential replacement properties. Multiple potential replacement properties can be identified as long as you satisfy one of these ALTERNATIVE rules:

The Three-Property Rule

Up to three properties regardless of their market values. All identified properties are not required to be purchased to satisfy the exchange.

The 200% Rule

Any number of properties as long as the aggregate fair market value of all replacement properties does not exceed 200% of the aggregate Fair Market Value (FMV) of all of the relinquished properties as of the initial transfer date. All identified properties are not required to be purchased to satisfy the exchange.

The 95% Exception

Any number of replacement properties if the fair market value of the properties actually received by the end of the exchange period is at least 95% of the aggregate FMV of all the potential replacement properties identified. In other words, 95% (or nearly all) of the properties identified must be purchased or the entire exchange is invalid.

A Note on the Replacement Property

The replacement property that you receive should be “substantially the same” as property that you identified within the 45-day Identification Period.  If you do not buy substantially the same property, then your replacement property may not be considered like-kind for 1031 exchange purposes.

CPEC1031, LLC

If you’re considering a 1031 exchange for your property, you’ve come to the right place! The qualified intermediaries at CPEC1031, LLC have been facilitating 1031 exchanges of all kinds for over twenty years. Contact us today at our Minneapolis office to learn more.

  • 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

1031 Exchange Tips for Paying Down Debt on Your Replacement Property

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Many taxpayers wonder: “Can you pay down debt on a Replacement Property you’ve already acquired in order use up all of your 1031 exchange funds?” In this article, we’re going to talk about some planning tips for protecting your 1031 exchange in this type of scenario.

1031 Exchange Planning Tips

If you find yourself in this 1031 exchange position, there are some strategies to protect yourself and your exchange, such as:

  • Holding off on closing on your more certain Replacement Property purchases until you have decided if you can buy the other less certain Replacement Properties…thus keeping your options open as to how much of your 1031 funds you will apply to the first purchases until you know if the other Replacement Properties will work out.

  • Doing a reverse exchange on the first Replacement Property purchases and having the title to the Replacement Property held by an E.A.T. (exchange accommodation title holder) that is owned by your Qualified Intermediary, until you have determined if the other Replacement Property will materialize.

Reverse 1031 Exchanges in Minnesota

With a reverse exchange, because the taxpayer is not the “owner” of the parked replacement property during the reverse exchange period, you maintain the option of applying all or a part of your remaining exchange funds to purchase and/or pay-down of the debt encumbering the parked replacement property BEFORE you actually receive the parked property from the E.A.T. to complete your 1031 exchange.

Contact a 1031 Exchange Company

At CPEC1031, LLC we have over twenty years of experience facilitating like-kind exchanges all over the united States. Contact us today to learn more about our services and how we can help you with your next 1031 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved