How to calculate boot in a 1031 exchange?

Question

How do I accurately calculate the amount of boot in a 1031 exchange, considering both cash boot and mortgage boot, to ensure I understand any potential taxable gain and can effectively plan to minimize or eliminate it?

ARTE's Answer

Calculating boot in a 1031 exchange is crucial for understanding the potential tax implications of your transaction. Boot refers to any non-like-kind property or cash received in the exchange, which can trigger taxable gain. There are two main types of boot to consider: cash boot and mortgage boot. Let's break down how to calculate each type and provide an example to illustrate the process.

Cash Boot Calculation:

Cash boot occurs when the cash proceeds from the sale of the relinquished property are not fully reinvested into the replacement property. This can happen if the replacement property costs less than the relinquished property or if there are leftover funds after the purchase. Here's how you calculate cash boot:

  1. Determine the sale price of the relinquished property.
  2. Subtract the purchase price of the replacement property.
  3. Any remaining cash is considered cash boot.

For example, if you sell a property for $500,000 and purchase a replacement property for $450,000, the $50,000 difference is cash boot.

Mortgage Boot Calculation:

Mortgage boot arises when the mortgage on the replacement property is less than the mortgage on the relinquished property. Essentially, if you are relieved of more debt than you take on, the difference is considered boot. Here's how to calculate mortgage boot:

  1. Determine the mortgage on the relinquished property.
  2. Determine the mortgage on the replacement property.
  3. Subtract the new mortgage from the old mortgage.
  4. Any difference is considered mortgage boot.

For instance, if you sell a property with a $300,000 mortgage and purchase a replacement property with a $250,000 mortgage, the $50,000 difference is mortgage boot.

Total Boot Calculation:

To find the total boot, simply add the cash boot and mortgage boot together. This total boot amount is subject to capital gains tax.

Example with Deferred.com as the Qualified Intermediary:

Let's say you are working with us at Deferred.com to facilitate your 1031 exchange. You sell a commercial property for $1,000,000, which has a mortgage of $400,000. You then purchase a replacement property for $950,000 with a mortgage of $350,000.

  1. Cash Boot:
    • Sale Price: $1,000,000
    • Purchase Price: $950,000
    • Cash Boot: $1,000,000 − $950,000 = $50,000
  2. Mortgage Boot:
    • Old Mortgage: $400,000
    • New Mortgage: $350,000
    • Mortgage Boot: $400,000 − $350,000 = $50,000
  3. Total Boot:
    • Cash Boot: $50,000
    • Mortgage Boot: $50,000
    • Total Boot: $50,000 + $50,000 = $100,000

In this scenario, you would have $100,000 of boot, which would be subject to capital gains tax. By working with us at Deferred.com, you can ensure that your exchange is structured correctly to minimize or eliminate boot, allowing you to defer as much taxable gain as possible. Always review your transaction details with a tax professional to ensure compliance and optimize your tax deferral strategy.

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.

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