How to do a section 1031 like kind exchange: simultaneous, delayed, reverse, construction?

Question

What are the key steps and considerations involved in executing a Section 1031 like-kind exchange, including the different types such as simultaneous, delayed, reverse, and construction exchanges?

ARTE's Answer

A Section 1031 like-kind exchange is a powerful tax-deferral strategy that allows real estate investors to defer capital gains taxes when they sell a property and reinvest the proceeds into a new property of like kind. At Deferred.com, we offer qualified intermediary services to facilitate these exchanges, and our “No Fee Exchange” can save you money in the process.

Let’s explore the different types of 1031 exchanges: simultaneous, delayed, reverse, and construction.

Simultaneous Exchange:

A simultaneous exchange occurs when the relinquished property and the replacement property are exchanged at the same time. This is the simplest form of a 1031 exchange. However, it can be challenging to coordinate the timing of both transactions.

Example: Imagine you own a commercial building worth $500,000 and want to exchange it for a similarly valued office space. On the closing day, you transfer the commercial building to the buyer, and the seller of the office space transfers the property to you. As your qualified intermediary, Deferred.com would facilitate the exchange to ensure compliance with IRS regulations.

Delayed Exchange:

A delayed exchange, also known as a deferred exchange, is the most common type of 1031 exchange. In this scenario, you sell your relinquished property first and then have up to 180 days to acquire a replacement property. The key is to identify potential replacement properties within 45 days of selling the relinquished property.

Example: Suppose you sell a rental property for $400,000. You have 45 days to identify up to three potential replacement properties and 180 days to close on one of them. Deferred.com would hold the proceeds from the sale in a qualified escrow account, ensuring you don't have constructive receipt of the funds, which could disqualify the exchange.

Reverse Exchange:

In a reverse exchange, you acquire the replacement property before selling the relinquished property. This can be beneficial in a competitive market where you want to secure a new property quickly. However, reverse exchanges are more complex and require careful planning.

Example: You find a desirable apartment complex for $600,000 but haven't sold your current investment property yet. Deferred.com would “park” the new property with an Exchange Accommodation Titleholder (EAT) until you sell your existing property. Once the sale is complete, the EAT transfers the new property to you, completing the exchange.

Construction Exchange:

A construction exchange, or improvement exchange, allows you to use exchange funds to make improvements on the replacement property. This is useful if the replacement property needs renovations to meet your investment goals.

Example: You sell a warehouse for $700,000 and identify a replacement property for $500,000 that requires $200,000 in improvements. Deferred.com would acquire the replacement property and oversee the construction using the exchange funds. Once the improvements are complete, the property is transferred to you, fulfilling the exchange requirements.

Each type of 1031 exchange has its own set of rules and complexities. As your qualified intermediary, Deferred.com is here to guide you through the process, ensuring compliance with IRS regulations and maximizing your tax deferral benefits. If you have any questions or need assistance with your exchange, feel free to reach out to us.

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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