Question
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:
- 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.
- Purchase of Replacement Property: You purchase the replacement property for $450,000 using the exchange proceeds held by Deferred.com.
- Receipt of Boot: You take $50,000 in cash out of the exchange. This $50,000 is considered boot and is taxable.
- 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.
Sources
- What To Do About Exchange Expenses in a Section 1031 Exchange? (Article)
- Rev. Rul. 2002-83 (Related Party Exchanges)
- TD 8535 (Like-Kind Exchanges of Real Property-Coordination with Section 453)
- 1.1031(k)–1 (IRS Code of Federal Regulations)
- TAM 200039005 (Failed Reverse Exchanges)
- Goolsby v. Commissioner
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