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Avoiding Boot in a 1031 Exchange

Boot is an old English term that refers to something that is given in addition to something else. As an example, when people commonly traded livestock or horses many years ago, it might be the case that one horse was worth more than another and that the exchange would need to be supplemented with something else of value to even up the trade (currency, sugar, tobacco, etc.). 

Items of additional value to balance a trade came to be called “Boot.” In a 1031 Exchange, boot is an industry term for additional money or value received in the exchange and can result in a tax liability to the seller of an investment property.

Three Rules for a Full 1031 Exchange

Let’s recap the three rules that must be followed to fully defer all capital gains and depreciation recapture taxes in a 1031 Exchange: 

  1. Purchase qualifying “like-kind” Replacement Properties with a total value equal to or greater than the sales price less selling expenses of the Relinquished Property
  2. Reinvest all the net proceeds from the sale of the Relinquished Property in the purchase of the Replacement Properties; and
  3. Make sure the debt on the Replacement Property is equal to or greater than the debt on the Relinquished Property by either a) assuming existing debt b) obtaining new debt, or c) adding cash from outside of the exchange to the transactions which will reduce the debt requirement dollar-for-dollar. 

For example, if your investment property sold for $1,000,000 (after expenses) and you then paid off an existing $400,000 loan, for a full tax deferral, you would need to do the following:

  1. Purchase qualifying Replacement Properties valued at $1,000,000 or greater
  2. Reinvest your net proceeds of $600,000 after paying off the $400,000 loan
  3. Either obtain or assume a new loan of at least $400,000 or bring in added funds from outside the exchange e.g., sale of stock, funds from your bank account, etc. to reduce the debt requirement. 
Consequences of Boot in a 1031 Exchange

Failure to fully meet all three rules will not disqualify the exchange, but any shortfall will be considered “boot” and generally subject to tax liabilities which in some states can total up to 40%. 

Boot can arise from the following:

  • Cash proceeds an Exchanger takes from escrow/settlement before the remaining proceeds are sent to the 1031 Qualified Intermediary
  • Not using all the cash proceeds remaining after the 1031 Exchange has been completed
  • Failure to identify sufficient qualified Replacement Properties in your allowed 45-day 1031 Exchange ID period that you can subsequently purchase
  • Investing 1031 Exchange proceeds in non-qualified property such as personal property, stocks, bonds, notes, or partnership interests
  • Purchasing Replacement Properties of lesser total value than the Relinquished Property
  • Failure to fully offset the debt requirement on the Replacement Property
How to Avoid Boot in a 1031 Exchange

The most common problem that investors encounter which creates boot is the inability to exactly meet all the three exchange rules described earlier. As an example, a desired Replacement Property may be of lesser value than the Relinquished Property, the new loan may be less than what is needed, or the investor may wish to take some funds out of the exchange.

DST structured properties can often provide a solution to reduce or even eliminate boot.

  • Minimum investments for DSTs can be as low as $50,000 (sometimes even less) which may allow investors to fill a gap between the required value of the properties in an exchange
  • DST properties can be acquired in increments down to the penny if needed to precisely match investor needs
  • Many DSTs already have debt in place that can be used to meet outstanding debt replacement requirements
Want a Completely Tax-free 1031 Exchange?

If your goal is a 100% tax-free 1031 exchange, be sure to first contact our team at First Guardian Group/FGG1031 for a no-cost no-obligation consultation and analysis of your options. Our extended team includes experienced tax advisors and 1031 qualified intermediaries (QI) who may help you carefully structure your exchange to avoid surprises.

You can contact us at (408) 392-8822 or via email at info@FGG1031.com. 

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Paul Getty

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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