Question
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:
- Amount Realized: You sold the relinquished property for $500,000.
- Adjusted Basis: Let's assume your adjusted basis in the property is $200,000.
- Realized Gain: The realized gain is the difference between the amount realized and the adjusted basis, which is $500,000 − $200,000 = $300,000.
- Boot Received: You received $30,000 in cash, which is taxable as boot.
- 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.
Sources
- Rev. Rul. 2002-83 (Related Party Exchanges)
- TAM 200039005 (Failed Reverse Exchanges)
- Goolsby v. Commissioner
- 1.1031(k)–1 (IRS Code of Federal Regulations)
- What Is a Three-Party Exchange?
- What To Do About Exchange Expenses in a Section 1031 Exchange? (Article)
- TD 8535 (Like-Kind Exchanges of Real Property-Coordination with Section 453)
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