How to do reverse 1031 exchange?

Question

How can I successfully complete a reverse 1031 exchange, ensuring compliance with IRS regulations and maximizing the tax deferral benefits?

ARTE's Answer

A reverse 1031 exchange is a type of like-kind exchange where the replacement property is acquired before the relinquished property is sold. This can be a useful strategy when you find a desirable replacement property but have not yet sold your current property. The process is more complex than a standard deferred exchange and requires careful planning to ensure compliance with IRS regulations.

To execute a reverse 1031 exchange, you must follow these steps:

  1. Identify the Replacement Property: Before you can proceed with a reverse exchange, you need to identify the replacement property you wish to acquire. This is the property you will purchase before selling your current property.
  2. Engage a Qualified Intermediary: At Deferred.com, we act as your qualified intermediary (QI) to facilitate the exchange. In a reverse exchange, we will also act as an exchange accommodation titleholder (EAT) to hold the title of the replacement property temporarily. This is crucial because you cannot hold title to both properties simultaneously and still qualify for a 1031 exchange.
  3. Purchase the Replacement Property: Once you have identified the replacement property, we will acquire it on your behalf. This is done through a "parking arrangement," where we, as the EAT, take title to the property. This allows you to secure the replacement property without violating the 1031 exchange rules.
  4. Sell the Relinquished Property: After acquiring the replacement property, you have up to 180 days to sell your relinquished property. During this period, you must find a buyer and complete the sale. The proceeds from this sale will be used to complete the exchange.
  5. Transfer the Replacement Property: Once the relinquished property is sold, we will transfer the title of the replacement property to you, completing the exchange. This step finalizes the reverse 1031 exchange, allowing you to defer capital gains taxes on the sale of the relinquished property.

Example: Let's say you own a commercial building worth $500,000 that you plan to sell. You find a new office building for $600,000 that you want to purchase as your replacement property. You decide to use Deferred.com as your qualified intermediary and exchange accommodation titleholder.

  1. You identify the new office building as your replacement property.
  2. We, at Deferred.com, purchase the office building and hold the title as the EAT.
  3. You then sell your commercial building for $500,000 within 180 days.
  4. The proceeds from the sale are used to complete the purchase of the office building.
  5. We transfer the title of the office building to you, completing the reverse 1031 exchange.

By following these steps and using Deferred.com as your qualified intermediary, you can successfully execute a reverse 1031 exchange, deferring capital gains taxes and securing your desired replacement 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.

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.

Sources

Learn More

See more frequently asked questions about 1031 exchanges

Can you 1031 exchange land for a house?
Is it possible to execute a 1031 exchange by trading a parcel of land for a residential house, and under what conditions would such an exchange qualify for tax deferral under Section 1031 of the Internal Revenue Code?
What is mortgage boot in 1031 exchange?
Could you explain what "mortgage boot" means in the context of a 1031 exchange, and how it might affect the tax implications of the transaction? Specifically, I'm interested in understanding how differences in mortgage amounts between the relinquished and replacement properties can result in taxable boot, and what strategies might be available to minimize or offset this type of boot to achieve full tax deferral.
How to calculate 1031 exchange?
How do I calculate the deferred gain and replacement property requirements in a 1031 exchange to ensure compliance with IRS regulations and maximize tax deferral benefits?
Does a 1031 exchange have to be an investment property?
Is it necessary for a property involved in a 1031 exchange to be held for investment or productive use in a trade or business, rather than for personal use or as a primary residence?
Can 1031 exchange be used for land?
Can a 1031 exchange be utilized for the exchange of land, and if so, what are the specific conditions or requirements that must be met for land to qualify as like-kind property under Section 1031 of the Internal Revenue Code?