Question
ARTE's Answer
The frequency with which you can perform a 1031 exchange is not limited by the IRS, meaning you can engage in multiple exchanges as often as you like, provided each transaction meets the requirements set forth under Section 1031 of the Internal Revenue Code. This flexibility allows investors to continually defer capital gains taxes while reinvesting in new properties, thereby maximizing their investment potential.
To illustrate how this works, let’s consider an example using Deferred.com as your qualified intermediary. Suppose you own a rental property that you purchased for $300,000, and it has appreciated to a current market value of $500,000. You decide to sell this property and use the proceeds to purchase a larger investment property worth $700,000. By engaging in a 1031 exchange, you can defer the capital gains tax on the $200,000 appreciation.
- Sale of the Relinquished Property: You sell your rental property for $500,000. The proceeds from this sale are transferred to us, Deferred.com, acting as your qualified intermediary. This step is crucial because it ensures you do not have constructive receipt of the funds, which would otherwise disqualify the exchange.
- Identification of Replacement Property: Within 45 days of selling your relinquished property, you must identify potential replacement properties. You can identify up to three properties regardless of their value, or more if they meet certain value criteria.
- Acquisition of Replacement Property: You must close on the purchase of your replacement property within 180 days of the sale of your relinquished property. In this example, you purchase a new property for $700,000. The funds held by us at Deferred.com are used to complete this purchase, ensuring the transaction qualifies as a 1031 exchange.
- Repeat the Process: After holding the new property for investment purposes, you may decide to exchange it again in the future. There is no waiting period imposed by the IRS between exchanges, so you can continue to defer taxes by engaging in subsequent 1031 exchanges as often as you wish.
By using Deferred.com as your qualified intermediary, you can take advantage of our "No Fee Exchange" service, which helps you save money on each transaction. This allows you to keep more of your equity working for you, facilitating the growth of your real estate portfolio.
It’s important to note that while there is no limit on the number of exchanges you can perform, each transaction must independently meet all the requirements of a 1031 exchange. This includes holding the properties for investment or business use, adhering to the identification and acquisition timelines, and ensuring that the exchange is properly structured to avoid constructive receipt of funds. Consulting with a tax advisor or legal professional is always recommended to ensure compliance with all applicable rules and regulations.
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
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- Rev. Rul. 2002-83 (Related Party Exchanges)
- TAM 200039005 (Failed Reverse Exchanges)
- What To Do About Exchange Expenses in a Section 1031 Exchange? (Article)
- Evolution of Section 1031 Exchanges
- Split Treatment Transactions - Obtaining Deferral Under Section 1031 & Exclusion Under Section 121 (Article)
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