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

1031 Question? Ask ARTE

Deferred's AI 1031 Research Assistant is trained on 8,000+ pages of US tax law and outperforms human CPAs by 22%+

CHAT NOW

Learn More

See more frequently asked questions about 1031 exchanges

How does a buyer doing a 1031 exchange affect the seller?
How does a buyer's participation in a 1031 exchange impact the seller in a real estate transaction? Specifically, what are the implications for the seller when the buyer is using a 1031 exchange to defer capital gains taxes, and are there any considerations or requirements the seller should be aware of in this scenario?
What does it mean to cooperate with seller's 1031 exchange?
What does it mean to cooperate with a seller's 1031 exchange, and what are the responsibilities or actions required from a buyer to facilitate the seller's ability to defer capital gains taxes through a like-kind exchange under Section 1031 of the Internal Revenue Code?
How long after a 1031 exchange can you sell?
What is the recommended holding period for a property acquired through a 1031 exchange before selling it, to ensure compliance with IRS guidelines and maintain the tax-deferred status of the exchange?
How is a 1031 exchange reported?
How should a taxpayer accurately report a 1031 exchange on their tax return to ensure compliance with IRS regulations and successfully defer taxable gains?
How long do you have to rent a 1031 exchange property?
What is the required rental period for a property acquired through a 1031 exchange to ensure it qualifies as being held for investment purposes, and what are the specific guidelines or conditions that must be met during this period to comply with IRS regulations?