1031 exchange how much to reinvest?

Question

How much do I need to reinvest in a replacement property to fully defer capital gains taxes in a 1031 exchange, considering the sale price, closing costs, and any existing mortgage on the relinquished property?

ARTE's Answer

When engaging in a 1031 exchange, the primary goal is to defer capital gains taxes by reinvesting the proceeds from the sale of your relinquished property into a like‐kind replacement property. To achieve full tax deferral, there are specific reinvestment requirements you must meet.

  1. Reinvestment of Net Sales Proceeds: You need to reinvest all the net sales proceeds from the sale of your relinquished property into the replacement property. The net sales proceeds are the amount you receive after deducting allowable closing costs from the sale price. These costs can include real estate commissions, title insurance, and other transactional expenses that are typically the responsibility of the seller. It's important to note that any proceeds not reinvested will be considered "boot" and will be subject to capital gains tax.
  2. Replacement Property Value: The replacement property must be of equal or greater value than the relinquished property. This means that the purchase price of the replacement property should be at least equal to the sales price of the relinquished property, minus any allowable closing costs. If the replacement property is of lesser value, the difference will be treated as boot, and you will incur a taxable gain on that amount.
  3. Debt Replacement: If there is a mortgage or other debt on the relinquished property, you must also replace that debt on the replacement property. This can be done by taking out a new mortgage on the replacement property or by investing additional cash to cover the difference. Failing to replace the debt can result in boot, which is taxable.

Let's illustrate this with an example:

Imagine you own a rental property that you sell for $500,000. After deducting $30,000 in allowable closing costs (such as real estate commissions and title fees), your net sales proceeds are $470,000. The property also has an outstanding mortgage of $150,000.

  • Reinvest the entire $470,000 of net sales proceeds into the replacement property.
  • Acquire a replacement property with a purchase price of at least $500,000 (the original sales price of the relinquished property).
  • Replace the $150,000 mortgage by either taking out a new mortgage on the replacement property or investing additional cash.

At Deferred.com, we offer qualified intermediary services to facilitate your 1031 exchange. By using our "No Fee Exchange" service, you can save money on intermediary fees, allowing you to maximize your reinvestment into the replacement property. As your qualified intermediary, we ensure that the exchange proceeds are handled correctly, preventing any constructive receipt issues and helping you achieve a successful tax-deferred exchange.

By meeting these requirements, you can defer the recognition of capital gains taxes and continue to build your real estate investment portfolio. If you have any further questions or need assistance with your 1031 exchange, feel free to reach out to us at Deferred.com.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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