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Essential 1031 Exchange Reminders

We are pleased to share this guest blog provided to our readers by IPX1031, the largest and one of the oldest Qualified Intermediaries in the United States.

School is back in session and autumn is arriving. It’s a perfect time to review some key 1031 Exchange reminders:

1. 1031 is not a tax loophole. Section 1031 has been in the tax code for almost a century as a recognized method to defer taxes.

2. 1031 Exchanges allow taxpayers to defer federal capital gains tax, most state taxes, tax on unrecognized gain due to depreciation, and the net investment income tax imposed by the Affordable Health Care Act.

3. Does a 1031 Exchange make sense for you? Do a quick 5 Point Analysis.

4. .There are many non-tax reasons to exchange. 1031 Exchanges can be used to diversify or consolidate portfolios, to increase cash flow, reduce operating expenses, increase appreciation potential, obtain less management intensive property, relocate an investment and exchange for a property that can be used in the taxpayer’s business, and even as an estate planning tool.

5. As a general rule, to fully defer the payment of taxes, taxpayers should purchase Replacement Property with a value equal to or greater than the property that is being sold (Relinquished Property), reinvest all net proceeds from the Relinquished Property sale, and replace the value of any debt on the Relinquished Property that was paid off. This can be achieved by placing an equal amount of debt on the Replacement Property, adding additional cash (from outside of the exchange), or a combination of both. If the taxpayer purchases property of lesser value, doesn’t reinvest all the net proceeds, or fails to replace all of the value of the debt the difference is considered taxable boot and the exchange becomes a Partial Exchange with a partial tax deferral.

6. 1031 Exchanges follow strict time limits. Once the Relinquished Property (old investment property) is sold, taxpayers have a total of 180 days to acquire Replacement Property (exchange period). In addition, the taxpayer must identify potential Replacement Properties within the first 45 days of that 180-day period.

7. To avoid having a taxable event, taxpayers may not have actual or constructive receipt of the proceeds from their Relinquished Property(s) sale. A 1031 Exchange must be set up prior to the transfer of the Relinquished Property. This means you cannot start an exchange after you’ve already sold your property.

8. Exchanges between related parties are permitted, however, specific rules must be followed.

9. Partnerships and LLCs can utilize 1031 Exchanges.

10. Reverse Exchanges, where an Exchanger buys first and sells second, may give you the advantage to maximize your tax deferral. These are more expensive and complex than “regular” exchanges but often are useful when the new property needs to be purchased before the sale of the old property.

11. Unless taxpayers are “swapping real estate” without any money being transferred,  a Qualified Intermediary (QI), like IPX1031, is required. A QI provides documentation, secures the taxpayer’s funds during the exchange period, and coordinates with the settlement agents. QIs are not regulated by the federal government nor by most state governments. Therefore, it is essential that taxpayers ascertain the competency of and security provided by a potential QI.

12. QIs like IPX1031 cannot give specific advice – only information.  Always seek advice from your financial planner, tax attorney and CPA relating to your specific tax and investment goals and situation.

13. Start with the right QI. Choose one (like IPX1031) that has extensive experience, attorneys, CPAs and 1031 professionals on staff, provides financial security and insurance, and that has safeguards in place to protect exchange funds.

Contact the team at FGG1031 for more information!

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Paul Getty

Paul Getty is a licensed real estate broker in the state of California and Texas and has been directly involved in commercial transactions totaling over $3 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student, and senior housing. Paul’s transaction experience includes buy and sell side representation, sourcing and structuring of debt and equity, workouts, and asset and property management. He has worked closely with nationally prominent real estate brokerage and investment organizations including Marcus Millichap, CB Richard Ellis, JP Morgan, and Morgan Stanley among others on the firm’s numerous transactions. Paul also maintains a broad network of active buyers and sellers of commercial real estate including lenders, institutions, family office managers, and high net worth individuals. Prior to founding First Guardian Group/FGG1031, Paul was a founder and CEO of Venture Navigation, a boutique investment banking firm specializing in structuring equity investments made by institutions and high net worth individuals. He possesses over 35 years of comprehensive worldwide business management experience in environments ranging from early phase start-ups to multi-billion-dollar corporations. His track record includes participation in IPOs and successful M&A activity that has resulted in investor returns of over $700M. Paul holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered financial representative with LightPath Capital Inc, member FINRA /SIPC. Paul is a noted speaker, author, and actively lectures on investments, sales, and management related topics. He is author of The 12 Magic Slides, Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors, and Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST), available on Amazon and other retail outlets.

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