Can i take cash out of my 1031 exchange?

Question

Is it possible to receive cash from a 1031 exchange transaction, and if so, what are the tax implications or consequences of doing so?

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 a relinquished property into a like-kind replacement property. However, if you wish to take cash out of the exchange, it is possible, but it will have tax implications.

In a 1031 exchange, any cash or non-like-kind property received is considered “boot.” Boot is taxable to the extent of the gain realized on the exchange. This means that if you receive cash from the exchange, you will recognize gain up to the amount of cash received, which will be subject to capital gains tax.

Let's illustrate this with an example using Deferred.com as your qualified intermediary:

Suppose you own a rental property with a fair market value of $500,000 and an adjusted basis of $300,000. You decide to sell this property and engage in a 1031 exchange to defer the capital gains tax. You sell the property for $500,000 and use Deferred.com as your qualified intermediary to facilitate the exchange.

During the exchange, you identify a replacement property worth $450,000. You decide to take $50,000 in cash out of the exchange. Here's how the transaction would work:

  1. Sale of Relinquished Property: You sell your rental property for $500,000. The proceeds are held by Deferred.com, your qualified intermediary, to ensure you do not have constructive receipt of the funds.
  2. Purchase of Replacement Property: You purchase the replacement property for $450,000 using the exchange proceeds held by Deferred.com.
  3. Receipt of Boot: You take $50,000 in cash out of the exchange. This $50,000 is considered boot and is taxable.
  4. Tax Implications: The gain realized on the sale of your relinquished property is $200,000 ($500,000 sale price − $300,000 adjusted basis). Since you received $50,000 in boot, you will recognize $50,000 of the gain, which will be subject to capital gains tax.

By taking cash out of the exchange, you are effectively reducing the amount of gain that can be deferred. It's important to carefully consider the tax implications and consult with a tax professional to ensure you understand the impact on your overall tax situation.

At Deferred.com, we strive to provide seamless qualified intermediary services to help you navigate the complexities of 1031 exchanges. Our “No Fee Exchange” option can save you money, allowing you to focus on maximizing your investment potential. If you have further questions or need assistance with your exchange, feel free to reach out to us.

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.

Sources

Learn More

See more frequently asked questions about 1031 exchanges

By what measure does the irs define the total exchange period in a 1031 tax-deferred exchange?
How does the IRS determine the total time allowed for completing a 1031 tax-deferred exchange, including the identification and acquisition of replacement property?
Why do a 1031 exchange?
What are the primary benefits and strategic reasons for utilizing a 1031 exchange in real estate investment, and how can it impact my financial and tax planning?
What year is boot taxable in a 1031 exchange?
In a 1031 exchange, in which tax year is the boot received considered taxable income, and how is the timing of this tax liability determined within the context of the exchange process?
What is a reverse 1031 exchange?
What is a reverse 1031 exchange, and how does it differ from a traditional 1031 exchange in terms of process and requirements? Can you explain the benefits and potential challenges associated with executing a reverse 1031 exchange, particularly in relation to the timing and ownership of the properties involved?
Will 1031 exchange be eliminated in 2024?
Is there any indication or proposed legislation that suggests the 1031 exchange might be eliminated or significantly altered in 2024, and what would be the potential implications for real estate investors if such changes were to occur?