1031 qualified intermediary: 1031 Exchanges - Don't Miss These Posts On Development Rights - 05/05/08 04:07 PM
Exchanging Development Rights
I posted these during a low traffic period this morning. I've been checking on the stats and it looks like they were largely missed. Click here for Post 1 of 2  "Definition of Development Rights" and click here for Post 2 of 2 for the "IRS's Analysis of Transferable Development Rights."
If you are working with clients who own large tracts of land, these posts will be very helpful for you.
Lisa A. Lambert, Esq. 877.646.1031 or LisaL@apiexchange.com
Asset Preservation, Inc. 800.282.1031 or info@apiexchange.com or www.apiexchange.com
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1031 qualified intermediary: 1031 Exchanges - Development Rights - Post 2 of 2 - 05/05/08 01:19 PM
 How the IRS Analyzes Whether Transferable Development Rights are Like-Kind
In my previous Post 1 of 2 that addressed the definition of Transferable Development Rights ("TDR") we saw that the IRS, in a PLR* determined that they were like-kind to a fee simple. Below, we will look at the analysis and reasoning the IRS applied in coming to that conclusion.
Does the State Consider TDR to be Real Property?
In determining whether the TDRs constituted an interest in real property, the IRS noted that certain tax statutes in the state in which the TDRs were located treated TDRs as real property. "Although it is unclear … (2 comments)

1031 qualified intermediary: 1031 Exchanges - Development Rights - Post 1 of 2 - 05/05/08 01:04 PM
Several weeks ago in my blog I discussed different types of property that may or may not qualify as like-kind including leaseholds, oil, gas and mineral rights, water rights, REITS and Timeshares, and easements. In this post we will examine the definition of development rights and in Post 2 we will examine the IRS's analysis of development rights and how they may qualify as like-kind to real property.
Definition of Development Right
A "Development Right" is defined as an unused right to develop a property to the extent permitted under state or local law. As states and municipalities have acted to restrict and regulate … (4 comments)

1031 qualified intermediary: 1031 Exchanges - To Exchange or Not to Exchange? That is the question. POST #2 - 04/17/08 12:55 PM
REASONS NOT TO DO AN EXCHANGE
In the previous post we reviewed why an exchange may still be necessary to defer capital gain taxes even if the value of the investment property has declined. Now we will look at reasons some tax advisors may suggest that their clients NOT DO AN EXCHANGE. This is provided for educational and informational purposes only. Please don't use it to evaluate your client's situation. They need the advice of their personal tax advisor.
1. The Capital Gain is Fairly Small and their capital gain tax liability is fairly small. I usually see tax advisors raising the possibility … (0 comments)

1031 qualified intermediary: 1031 Exchanges - Know Your QI - Post #2 - 04/17/08 01:29 AM
 
 WHAT DO YOUR QI's CUSTOMERS SAY?
Asset Preservation, Inc. (API) is committed to providing everyone with our top notch customer service. Whether a first time exchanger, repeat client or a large national account, API strives to provide fast, knowledgeable and friendly customer service throughout the entire exchange process. It is rewarding to hear what our own customers have to say about our company. Here are just a few of the many comments we receive each month:
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1031 qualified intermediary: 1031 Exchanges - Time Well Spent? - 04/16/08 01:58 PM
AVERAGE AMERICANS SPENT 26.5 HOURS PREPARING TAXES
It took the average American more than 26.5 hours to prepare their taxes this year. This is an increase from 25.4 hours three years ago. It costs Americans an average of $207 to prepare their taxes, up from $185 three years ago. For more information, see the Miami Herald Article that discusses this issue in detail.
I have mixed feelings about the so-called attempts to simplify the tax code because I'm sure during the simplification process we will lose deductions and credits and ultimately end up paying more in taxes. However, it is just crazy that … (0 comments)

1031 qualified intermediary: 1031 Exchanges - DRE Accredited Seminar Analyzing Investment Property - 04/10/08 10:55 PM
1st STEP - EDUCATION
FREE POWER OF INVESTMENT ANALYSIS SEMINAR
The falling property prices have brought the investors out of the woodwork! First time homebuyers and investors are the best sources of business in today's market. If you are wanting to develop and investor niche, this seminar is your first step. You will learn how to analyze the value of an investment property based on its before and after tax cash flow. You will learn how Gross Rent Multiplier (GRM), Cap Rate and Cash On Cash return affect the value of an investment property.
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1031 qualified intermediary: 1031 Exchanges - Holding Period Issues - 04/08/08 07:30 PM
DEFINITION OF LIKE KIND PROPERTY
"HOLDING PERIOD" ISSUES
IRC section 1031 states that property "held for productive use in a trade or business or for investment" must be exchanged for like-kind property. A frequently asked question is, "Exactly how lod does a property need to be held to be considered an investment property by the IRS?" There is a lot of confusion and misinformation among real estate agents and investors on the issue of what is viewed as "held for investment."
A MORE COMPLETE PERSPECTIVE
There is no safe holding period for property to automatically qualify as being "held for investment" (with the exception of … (0 comments)

1031 qualified intermediary: 1031 Exchanges -- Intent Matters! - 04/08/08 06:52 PM
Substantiating Investment Intent
The 1031 Code Section
Real Estate held as "stock in trade or other property held primarily for sale" is excluded from the tax benefits of IRC section 1031. Stock in trade describes property which is excluded in the inventory of a dealer ("dealer property")  and is held for resale to customersin  the ordinary course of business (think "flippers"). The gain on the sale of this property is taxed as ordinary income.
Substantiating That The Taxpayer Intended  to Hold the Property for Investment
To qualify for a section 1031 exchange. the taxpayer must be able to support that their intent at the time of … (0 comments)

1031 qualified intermediary: 1031 Exchanges - You Get What You Pay For! - 04/04/08 11:17 AM
Shopping Your QI For Price
YOU GET WHAT YOU PAY FOR
One of the most frustrating aspects of any business that prides itself on exemplary service, exceptional execution and meticulous attention to detail, is the price shopper.
Word to the wise, most reputable QI's charges for a delayed exchange start at $700 (it should include the sale of one relinquished property and the purchase of one replacement, extra properties within the same exchange usually run about $200 extra per exchange). Wiring fees and other services the QI performs should be included in the overall price.
These fees should also include the drafting of the Exchange Agreement, … (3 comments)

1031 qualified intermediary: 1031 Exchanges - Are You Sure? Post #1 - 04/02/08 01:09 PM
Are You Sure You Understand 1031 Exchanges?
Commonly Misunderstood Issues in Real Property 1031 Exchanges*
1.  Like-Kind Property MYTH: In order for replacement property to be considered like-kind it must be exactly the same type of property as the relinquished property i.e. commercial for commercial, condo for condo, duplex for duplex, bare land for bare land.
TRUTH: The definition of like-kind property under section 1031 is "property held for productive use in a trade or business or for investment." It depends on the INTENT of the taxpayer.
THEREFORE: If the relinquished property was held for productive use or for investment, the replacement property can be … (2 comments)

1031 qualified intermediary: 1031 Exchanges - What's in Your Toolbox? - 04/01/08 09:20 PM
More Tools You Can Use
Have you ever had a client who had a lot of questions about 1031 exchanges? You've been a busy agent marketing and showing properties, so it's been a while since you've been to a 1031 exchange seminar and some of the details are a bit fuzzy. You remember something about "constructive receipt" and 45/180 days. You don't want to refer this client to another agent but you also don't want to give them the wrong information.
Where can you go? Where can you send your client to get the most cost effective 1031 education before they go to … (0 comments)

1031 qualified intermediary: 1031 Exchanges -- FREE ACCREDITED 1031 Advanced Seminar in Fresno - 03/25/08 12:18 AM
I will be offering a free 3-hour accredited seminar for commercial brokers, attorneys, accountants and experienced residential agents. There are still some spaces available.
Advanced 1031 Exchange Seminar at the Fresno Association of Realtors located at 6720 N. West Ave, Fresno, CA.  
Time: 12:30 - 3:30
Email: LisaL@apiexchange.com with your name, company and phone number to reserve your space.
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1031 qualified intermediary: 1031 Exchanges - Vesting Issues #2 - 03/24/08 11:39 PM
 
 
 
 
 
 
 
 
 
 
 
This information is provided for educational purposes only.  It should not be construed as tax and/or legal advice.  Individuals should consult their personal tax and legal advisors regarding the specific circumstances of their individual exchanges.
For more information, please call (877) 646-1031 or email me at LisaL@apiexchange.com  or national headquarters (800) 282-1031 or http://www.apiexchange.com/.
 
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1031 qualified intermediary: 1031 Exchanges - Vesting Issues - 03/24/08 11:37 PM
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1031 qualified intermediary: 1031 Exchanges - Restrictions on Exchange Proceeds - 1031(g)(6) - 03/24/08 02:14 PM
   
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1031 qualified intermediary: 1031 Exchanges - Partial Exchanges Are VALID - 03/24/08 02:10 PM
 
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1031 qualified intermediary: 1031 Exchanges - Rental to Residence Conversion - 5 Yr Holding Period - 03/24/08 02:00 PM
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1031 qualified intermediary: 1031 Exchanges - Split Treatment Transactions - Sections 121 and 1031 - 03/24/08 01:48 PM
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1031 qualified intermediary: 1031 Exchanges - Converting a Rental to a Residence - 03/24/08 01:41 PM
   
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Lisa Lambert, Esq. (1031 Exchange Expert)

Fresno, CA

More about me…

The Law Offices of Elisabeth A. Lambert

Address: 1222 W. Shaw Avenue, Fresno, CA, 93711

Cell Phone: (559) 433-5399

Email Me

Discussing 1031 Exchange Issues and Related Real Estate Issues in California. Specifically focusing on the Merced, Madera, Fresno, Selma, Reedley, Oakhurst,Visalia, Hanford, Porterville and Bakersfield areas.

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