How does a partial 1031 exchange work?

Question

Could you explain the process and implications of conducting a partial 1031 exchange, including how it affects the deferral of capital gains taxes and any potential recognition of gain?

ARTE's Answer

A partial 1031 exchange occurs when a taxpayer does not fully reinvest the proceeds from the sale of the relinquished property into the replacement property. This can result in a portion of the transaction being taxable, as the taxpayer receives "boot," which is any non-like-kind property or cash received in the exchange. The boot is subject to capital gains tax.

To better understand how a partial 1031 exchange works, let's break it down with an example:

Imagine you own a rental property that you purchased for $200,000 several years ago. Over time, the property's value has appreciated, and you decide to sell it for $500,000. You have a mortgage balance of $100,000 on the property. After paying off the mortgage and $20,000 in closing costs, you are left with $380,000 in net proceeds.

You decide to reinvest $350,000 of these proceeds into a new rental property, which costs $450,000. You finance the remaining $100,000 with a new mortgage. In this scenario, you have not reinvested the entire $380,000 of net proceeds, leaving you with $30,000 in cash, which is considered boot.

Here's how the tax implications work:

  1. Amount Realized: You sold the relinquished property for $500,000.
  2. Adjusted Basis: Let's assume your adjusted basis in the property is $200,000.
  3. Realized Gain: The realized gain is the difference between the amount realized and the adjusted basis, which is $500,000 − $200,000 = $300,000.
  4. Boot Received: You received $30,000 in cash, which is taxable as boot.
  5. Recognized Gain: The recognized gain is the lesser of the realized gain or the boot received. In this case, the recognized gain is $30,000.

By using Deferred.com as your qualified intermediary, we facilitate the exchange process, ensuring compliance with IRS regulations and helping you defer the maximum amount of capital gains tax. In this example, while you successfully deferred a significant portion of your gain, the $30,000 in boot is subject to capital gains tax.

A partial 1031 exchange can be a strategic move if you want to access some cash from the sale while still deferring a portion of your capital gains tax. However, it's essential to carefully plan the transaction to understand the tax implications and ensure compliance with IRS rules. At Deferred.com, we are here to guide you through the process and help you achieve your investment goals.

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

When can i move into 1031 exchange property?
When is it permissible for me to convert a property acquired through a 1031 exchange into my personal residence, and what are the tax implications or requirements I should be aware of to ensure compliance with IRS regulations?
What happens if i receive cash from the sale of my property in a 1031 exchange?
What are the tax implications and potential consequences if I receive cash, rather than solely like-kind property, during a 1031 exchange? How does receiving cash affect the deferral of capital gains taxes, and what steps should I take to ensure compliance with IRS regulations?
How much do 1031 exchange companies charge?
What are the typical fees and costs associated with using a 1031 exchange company, and how do these charges impact the overall financial benefits of completing a 1031 exchange?
Can you do a 1031 exchange from commercial to residential?
Is it possible to execute a 1031 exchange by selling a commercial property and acquiring a residential property, while still qualifying for tax deferral under the IRS guidelines for like-kind exchanges?
Is there a 1031 exchange for stocks?
Is it possible to defer capital gains taxes on the sale of stocks by using a 1031 exchange, similar to how it is done with real estate properties?