Many people think that a 1031 Exchange of real estate can only occur through the process of a delayed exchange. However, there are actually four common methods for real estate exchanges that allow investors to transfer the equity from one investment property towards the acquisition of another, without paying any capital gains tax. Work with your qualified intermediary to determine which of these 1031 Exchanges for real estate are right for your situation.
1. Delayed Exchange
The most common type of 1031 Exchange for real estate is what’s known as the delayed exchange. In a delayed exchange, investors can sell their current property before they have decided on a replacement property to purchase. Funds from the sale of your investment property must be transferred to a Qualified Intermediary directly from the sale escrow. You are not allowed to take control of the funds since this would void the exchange. .The Qualified Intermediary holds your funds pending your instructions to transfer the funds to purchase replacement income properties. You have up to 45 days from the close of your escrow to formally choose which replacement property you would like to purchase. This timeline includes weekends and holidays and must be strictly observed to preserve your ability to complete a successful exchange.
You then have up to 180 days from the close of the sale of your relinquished property to finalize your 1031 Exchange and close on the replacement property.
2. Simultaneous Exchange
The original and oldest type of 1031 Exchange for real estate is the simultaneous exchange. It is the simplest 1031 Exchange because it involves a direct exchange of investment properties between two property owners. Two property owners complete this exchange by swapping property ownership. This means they exchange the deeds, documents, and other assets required for a transfer of ownership, but no money changes hands during this process. Simultaneous exchanges, because of their straightforward nature, often do not require the assistance of a Qualified Intermediary.
The caveat to this exchange is that it can be difficult to pull off if you and another owner are swapping properties that lie in different states or cities. If you do consider a simultaneous exchange, you should be careful that you do it safely, so you aren’t taken advantage of during the exchange.
3. Improvement Exchange
Also known as a build-to-suit exchange, an improvement exchange is a very useful 1031 Exchange for real estate. An improvement exchange occurs when you find a replacement property that isn’t quite considered “like-kind” in value but could be with some renovations or improvements. An improvement exchange allows investors 180 days to make improvements on the replacement property, so the property can qualify as “like-kind” and you can defer any capital gains taxes on your acquisition.
There are often requirements when it comes to improvements on a replacement property, such as:
- Any construction on the replacement property must follow specific guidelines that have been included in the purchase contract.
- Construction improvements made to the property have to be approved by the exchanger before funds are dispersed.
- The exchanger specifies the alterations and improvements to the replacement property.
- Any improvements to the replacement property that are not completed within the 180-day timeframe will not count towards the value of the property, and you may be eligible for capital gains taxes.
- Replacement property improvements must be made to standing structures on the property and must be completed before the 180-day time is up.
Essentially, in an improvement exchange, you are trying to raise the value of your replacement property to offset any gains you incurred on your relinquished property. This is to defer taxes and keep more of your funds in investments. To accomplish this, any improvements you make to the replacement property must render that property of equal or greater worth than your previous investment.
4. Reverse Exchange
The most complex 1031 Exchange for real estate is the reverse exchange. In this exchange, an investor can purchase a replacement property and then sell the current property, completing the exchange in reverse. To correctly complete a reverse mortgage, an investor must complete the transaction with the assistance of a qualified intermediary, because they are not permitted to be in possession of both properties simultaneously.
Some important things to know about reverse exchanges are:
- Deed transfer taxes can complicate the process in some areas
- You cannot own both of your properties at the same time—this is where your qualified intermediary can help.
- Specific sales clauses with your current mortgage holder might make a reverse exchange difficult.
- If can be hard to account for the equity that must be transferred from the relinquished property to the newly acquired property.
While a reverse 1031 Exchange for real estate might sound like a strange situation, it is not uncommon. It mostly happens when an investor has found a replacement property they want to purchase but have not been successful in selling the current property in their possession. It’s also important to note that the time requirements are the same for reverse exchanges as they are for delayed exchanges.
Get Expert Advice on Your 1031 Exchange for Real Estate
There are times when a 1031 Exchange for real estate may not be the best course of action or may not even be possible. Some examples include:
- If you are planning to resell the acquired income property within two years of purchasing it
- If you are purchasing or relinquishing a personal property that is a primary residence
- If you planning to use a 1031 Exchange for business or personal property (no longer allowed per the 2017 Tax Reform)
In these instances, the advice of a professional, Qualified Intermediary is invaluable in determining the best course of action. If you need more guidance on your real estate transactions, First Guardian Group can refer you to Qualified Intermediaries with extensive experience. We have over 16 years of experience working with rental property owners and know how to help you make your investments work for you. Contact the professionals at First Guardian Group at 408 392-8822 or via email at info@FirstGuardianGroup.com for more information and to start making the most of your investments today.
BIO : Paul Getty
Paul Getty is a licensed real estate broker in the state of California and Texas and has been directly involved in commercial transactions totaling over $2 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student and senior housing.Paul Getty’s transaction experience includes buy and sell side representation, sourcing and structuring of debt and equity, work-outs, and asset and property management. He has worked closely with nationally prominent real estate brokerage and investment organizations including Marcus Millichap, CB Richard Ellis, JP Morgan, and Morgan Stanley among others on the firm’s numerous transactions.Paul Getty also maintains a broad network of active buyers and sellers of commercial real estate including lenders, institutions, family office managers, and high net worth individuals.
Prior to founding First Guardian Group/FGG1031,Paul Getty was a founder and CEO of Venture Navigation, a boutique investment banking firm specializing in structuring equity investments made by institutions and high net worth individuals. He possesses over 25 years of comprehensive worldwide business management experience in environments ranging from early phase start-ups to multi-billion dollar corporations. His track record includes participation in IPOs and successful M&A activity that has resulted in investor returns of over $700M.
Paul Getty holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. He is a member of Institute of Real Estate Management (IREM), a Certified Property Manager Candidate (CPM), and a member of the US Green Building Council.Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered representative with LightPath Capital Inc, member FINRA /SIPC .
Paul Getty is a noted speaker, author, and actively lectures on investments and sales and management related topics. He is author of The 12 Magic Slides ,Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors , and Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST), available on Amazon and other retail outlets.
This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, FGG1031, First Guardian Group, LightPath Capital, Inc., and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal.
Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect. The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities. All financed real estate investments have a potential for foreclosure. Delaware Statutory Trust (DST) investments are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments. Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions. Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits.
IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation. Securities offered through registered representatives of LightPath Capital, Inc. Member FINRA / SIPC. FGG1031, First Guardian Group, and LightPath Capital, Inc. are separate entities.
DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment. You may be required to verify your status as an accredited investor.