Question
ARTE's Answer
Yes, you can sell multiple properties in a 1031 exchange, and this is a strategy often used by investors to consolidate their real estate holdings or to trade up into a larger, more valuable property. The key is that the properties being sold (relinquished properties) and the property being acquired (replacement property) must all qualify as like-kind under Section 1031 of the Internal Revenue Code.
When engaging in a 1031 exchange involving multiple properties, the process is similar to a standard exchange, but with a few additional considerations. Here’s how it typically works:
- Identify the Relinquished Properties: You can sell multiple properties as part of the exchange. These properties must be held for investment or business purposes, not for personal use.
- Use a Qualified Intermediary: At Deferred.com, we act as your qualified intermediary (QI) to facilitate the exchange. This means we handle the sale of your relinquished properties and the purchase of your replacement property, ensuring that you do not have constructive receipt of the funds, which is crucial for maintaining the tax-deferred status of the exchange.
- Identify the Replacement Property: You must identify the replacement property within 45 days of selling the first relinquished property. The replacement property must be of equal or greater value than the combined value of the relinquished properties to fully defer capital gains taxes.
- Complete the Exchange: You must acquire the replacement property within 180 days of selling the first relinquished property. The replacement property must also be held for investment or business purposes.
Example: Let’s say you own three rental properties, each valued at $200,000, for a total of $600,000. You decide to sell all three properties and use the proceeds to purchase a single commercial property valued at $600,000.
- Step 1: You sell the three rental properties. The sales are facilitated by us at Deferred.com, acting as your QI. We hold the proceeds from these sales.
- Step 2: Within 45 days, you identify a commercial property worth $600,000 as your replacement property.
- Step 3: Within 180 days, we use the proceeds from the sale of your three rental properties to purchase the commercial property on your behalf.
By structuring the transaction this way, you defer the capital gains taxes on the sale of the three rental properties, as long as all the proceeds are reinvested in the replacement property and the exchange meets all other IRS requirements.
This strategy allows you to consolidate your investments into a single, potentially more manageable and profitable property, while deferring taxes and keeping more of your equity working for you. At Deferred.com, we ensure that the process is seamless and compliant with IRS regulations, providing you with a cost-effective solution through our "No Fee Exchange" service.
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
- Goolsby v. Commissioner
- Rev. Rul. 2002-83 (Related Party Exchanges)
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- What Is a Three-Party Exchange?
- TAM 200039005 (Failed Reverse Exchanges)
- 1.1031(k)–1 (IRS Code of Federal Regulations)
- Split Treatment Transactions - Obtaining Deferral Under Section 1031 & Exclusion Under Section 121 (Article)
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