Why Eliminating or Restricting the 1031 Exchange Would Not Raise Taxable Revenue

For decades, some have argued for the repeal of section 1031 of the Internal Revenue Code. According to those who advocate for its repeal, by eliminating the tax deferral of section 1031, the coffers of the government will be increased dramatically because all of these sales will now become immediately taxable. But would this tactic actually work to raise taxable revenue?

The Reality of the Situation

The reality of the situation is that rather than selling properties in taxable transactions, most people will hunker down and simply refuse to sell their property if they have the immediate disincentive of taxation looming.

If the 1031 exchange is eliminated, the volume of sales will not continue at the same pace. The reality is if you don’t have a vehicle (such as a 1031 exchange) to defer gains people will simply not sell. As a result, there will be less revenue, less velocity in the marketplace, and less capital flowing where it needs to go in the economy.

Preserving the 1031 Exchange

If tax reform is needed and simplification is sought let’s keep this old code section that’s been around since 1921 that works great to organically grow and stimulate the economy. Keep the 1031 exchange, which serves a vital function both in the tax code and in the economy.

  •  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.

© 2023 Copyright Jeffrey R. Peterson All Rights Reserved

Video - Choosing a Bank to Hold your 1031 Exchange Funds

If clients are worried about the solvency of the bank that’s holding their funds in a 1031 exchange, you want to look to the size of the bank that’s holding the money. There are some banks in the US that are considered too big to fail (in other words, the government would never allow them to fail). So the first thing you want to ask yourself is “am I holding the exchange funds in a bank that’s too big to fail?” Then there are other programs that will disburse deposits through programs that have participant banks in them so that your monies are disbursed so that you always have FDIC coverage because your deposit is disbursed through a network of banks, each bank holding up to the FDIC coverage amount, which is $250,000 per account holder. The logical next question is “what about the solvency of the banks in that network?” Even if you’re covered up to the FDIC amount, what if the bank goes under and it takes you a year to get your money from the FDIC? Use a big bank to hold your funds – a bank that’s too big to fail. And get your money redeployed as quickly as possible. You don’t have to stay in the exchange for the full 180 day period and the sooner you get your money back to work for you, the quicker you’ll have peace of mind.

  • 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.

© 2023 Copyright Jeffrey R. Peterson All Rights Reserved

Video - How to Deal with Inherited Property in a 1031 Exchange

When you inherit property from a decedent, you may get a stepped up basis, which means rather than taking the carry-over basis from the decedent, your basis can be stepped up to the fair market value at the time you received that property from the decedent. Section 1014 gives you that stepped up basis. If you sell the property shortly after acquiring it from the decedent, you may not have much gain because your basis was stepped up. We don’t know what the state pegged the value at for estate tax purposes so you need to check with your accountant and perhaps the estate attorney that settled the account of the decedent to see what they pegged the value at for your step up in basis. If you sell it for more than what they pegged it, for estate tax purposes then you may have a gain. You may not have to do a 1031 exchange if you have little or no gain because of the step up in basis.

  • 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.

© 2023 Copyright Jeffrey R. Peterson All Rights Reserved

2 FAQs About 1031 Exchanges in Minneapolis

We recently assisted a real estate broker with a 1031 exchange for their client who was selling a duplex in the Twin Cities. They intended to move the proceeds from the sale into a fourplex property in a 1031 exchange. Here are some pertinent questions relating to this particular 1031 exchange that may be applicable to other exchanges.

Commercial Plus Residential Space

Is there a problem with one of the properties having commercial rental space as well as residential? One place, in particular, has three apartments with 2800 sq ft of commercial space below.

The replacement property must be held for investment or business purposes and may be residential or commercial rentals (or a combination of both).

Rolling Proceeds into More than One Property

Is it possible to roll the sales proceeds from the relinquished property into more than one replacement property?

You are allowed to purchase multiple replacement properties (provided that they are designated / Identified in writing within 45 days of the closing of the relinquished property).

  • 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.

© 2023 Copyright Jeffrey R. Peterson All Rights Reserved

Video - 3 Ways to Identify your 1031 Exchange Replacement Property

In a 1031 exchange you have to identify or designate you replacement property within 45 days after the closing of your relinquished property, which isn’t very much time. Furthermore, it has to be identified in writing clearly and unambiguously describing the replacement properties and it has to be signed by the taxpayer and sent in before midnight of the 45th day. Generally, people use either the three property rule (which restricts the number of properties you can exchange into to three or fewer), or the 200% rule (which allows you to identify properties that in aggregate don’t exceed twice the value of the relinquished property), or the 95% rule (under which you can identify any number of properties buy you have to actually acquire at least 95% of those identified properties). Any of these rules will be valid for identifying your replacement property.

  • 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.

© 2023 Copyright Jeffrey R. Peterson All Rights Reserved