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Quick Reference Do's & Don't of a 1031 Tax Exchange

By
Real Estate Agent with Taylor Properties & TexasForSale.net

Below are some simple DO's and DON'Ts if you are planning on participating in a 1031 Tax Exchange that may save you some headaches.

DO NOT miss your 45-day identification and 180-day exchange deadlines, as this will disqualify the entire exchange. Reputable Qualified Intermediaries will not act on back-dated or late identifications.

DO NOT try doing a 1031 Exchange yourself using your CPA or attorney to hold title or funds. IRS regulation requires a Qualified Intermediary to properly complete an exchange. Regulations under IRS Section 1031 disqualify any attorney, broker, accountant or real estate agent who provides routine service to the taxpayer from holding exchange funds.

DO NOT dissolve partnerships or change the manner of holding title during the exchange. A change in the Exchanger's legal property may jeopardize the exchange.

DO NOT go to settlement unless your Qualified Intermediary's document is at settlement.

DO NOT file your income taxes for the year in which you do your exchange until you complete your exchange. If you do you could lose the benefits of the exchange.


DO NOT buy a real estate mutual fund or an REIT (Real Estate Investment Trust). Only real "like kind" property qualifies as the replacement property.

DO NOT reinvest the proceeds in property you already own.

DO advanced planning for the exchange. Talk to your accountant, attorney, broker, financial planner, lender and Qualified Intermediary. Read the IRS form 8824 before you exchange.

DO attempt to sell before you purchase. Occasionally exchangers find the ideal replacement property before a buyer is found for the relinquished property. If this situation occurs, a "reverse" exchange (buying before selling) may be required. Exchangers should be aware that reverse exchanges are considered a more aggressive exchange variation, which can result in higher transaction expenses.

DO identify the maximum number of properties. It doesn't cost anything to identify properties. Real property certainties can become disasters with a surprise survey, environmental report and botched closings.


DO reinvest all exchange proceeds because you pay tax on proceeds that are not reinvested.

DO acquire property with equal or greater debt because unless the debt reduction is replaced with cash, you pay tax on the debt reduction and you have no funds from the exchange with which to pay the tax.


DO purchase your replacement property in the U.S. or U.S. Virgin Islands. Foreign investment property does not qualify.

 

Buying or Selling????- Contact me for more tips on how to Buy/Sell Hill Country Properties.

Stanley Stepak
Howard Hanna - Avon Lake, OH - Avon Lake, OH
Realtor - Avon Lake, Avon, Bay Village, Westlake,

The key point here is that of advanced planning.  You must do advanced planning to do this exchange

Feb 23, 2011 02:24 PM
MaryBeth Mills Muldowney
TradeWinds Realty Group LLC - Braintree, MA
Massachusetts Broker Owner

hey Tommy, thanks so much great information - i would also like to stress that the proper language must be used in the purchase and sales agreement - another important reason to use a 1031 exchange firm, they know what needs to be said!

Feb 23, 2011 02:26 PM
Mark Nehs
Mortgage Loan Officer Waukesha Wisconsin - Pewaukee, WI

Tommy,

Great list.  Hard to tell which is more important the do list or the do not both very critical so I guess both.

Feb 23, 2011 02:30 PM
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

Hi Tommy,  This is great info on 1031 exchanges.  Do you do lots of them?

Feb 23, 2011 02:31 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Excellent Info, Tommy.

      My client/friend did a 1031 recently...  He sold several small rental houses, and bought a nice vacation rental house in another state (which qualified as "Like-Kind").  

     As you state in your Blog, my friend used a Qualified Intermediary (an office that does only 1031's and nothing else; they are experts, and the transaction went smooth as glass).

    Friend was able to defer Capital Gains Tax on several hundred thousand dollars.

Feb 23, 2011 02:31 PM
Cheryl Malone
Windermere Van Vleet - Medford, OR

I have done a few of these and advance planning is a must.  One little slip up could cost you big $$$$$  Uncle Sam is not to forgiving !

Feb 23, 2011 02:33 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Good pointers.  It is important to work with someone that knows all the dos and dont's or  one may loose all the tax benefits.

Feb 23, 2011 02:35 PM
Tommy Taylor
Taylor Properties & TexasForSale.net - Kerrville, TX
CNE- Texas Hill Country Realtor

Stan & Cheryl- you are correct- ADVANCED PLANNING is critical!!!

Marybeth- YES, you DO need to make sure your add the correct language to your contract stating that you plan to be participating in a 1031 Exchange.

Mark- BOTH are essential to completing a 1031 Tax Exchange!!!

Ricki- Yes, I have participated in many 1031 Exchanges and even a couple of Reverse 1031 Exchanges over the years.

Fred- The benifits 1031 Exchanges have created many transactions for me over the years and many of my clients have been spared the taxes on MILLIONS!!!

Joan- You're right.  You have to work with BOTH a knowledgeable 1031 Company(Intermediary) and Real Estate Agent.

Feb 23, 2011 03:06 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Tommy,

Great information, thanks for sharing.  Did not many of these 1031 tips.

Feb 24, 2011 09:01 AM
Tim Peterson
Wisconsin Realtor Safety and Concealed Carry Classes - Madison, WI
Realtor Safety Training Classes

Hi tommy-great list on 1031 best I have seen wish i could reblog it

Feb 26, 2011 10:36 PM
Sondra Meyer:
EXP Realty, LLC - Corpus Christi, TX
See It. Experience It. Live It.

Tommy, this is a great post on 1031 exchanges.  I hope that it makes people realize that 1) Advanced planning required 2) It could be very costly if you don't follow the IRS rules exactly. 

Mar 01, 2011 03:15 PM