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 your relinquished property into a like-kind replacement property. To achieve full tax deferral, there are specific reinvestment requirements you must meet.
Firstly, you need to reinvest the entire net sales proceeds from the sale of your relinquished property into the replacement property. This means that the total purchase price of the replacement property should be equal to or greater than the sales price of the relinquished property. Additionally, you must ensure that the level of debt on the replacement property is equal to or greater than the debt on the relinquished property. If you fail to meet these criteria, you may be subject to recognizing a portion of the gain, known as “boot,” which is taxable.
Let’s illustrate this with an example using Deferred.com as your qualified intermediary. Suppose you sell a rental property for $500,000, and after paying off a $200,000 mortgage and $20,000 in closing costs, you are left with $280,000 in net proceeds. To fully defer your capital gains taxes, you would need to purchase a replacement property for at least $500,000. You could use the $280,000 as a down payment and finance the remaining $220,000 with a new mortgage. By doing so, you meet the requirement of reinvesting all net proceeds and maintaining an equal or greater level of debt.
At Deferred.com, we facilitate this process by acting as your qualified intermediary. We ensure that you do not have direct or indirect access to the exchange funds during the transaction, which is crucial for maintaining the tax-deferred status of your exchange. Our No Fee Exchange service helps you save money, allowing you to maximize your investment in the replacement property.
It’s important to carefully review your closing statements and work with a tax professional to ensure that all transactional expenses are handled correctly. Certain expenses, such as qualified intermediary fees, escrow closing costs, and broker commissions, can be deducted from the contract price when determining your realized gain. However, other costs, like loan-related fees, may generate boot if not managed properly.
By adhering to these guidelines and utilizing our services at Deferred.com, you can successfully complete a 1031 exchange and defer your capital gains taxes, allowing you to reinvest more of your equity into a new investment property.
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)
- Goolsby v. Commissioner
- Rev. Rul. 2002-83 (Related Party Exchanges)
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- TD 8535 (Like-Kind Exchanges of Real Property-Coordination with Section 453)
- Publication 544 (2023), Sales and Other Dispositions of Assets
- 1.1031(k)–1 (IRS Code of Federal Regulations)
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