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How to Replace Debt in a 1031 Exchange

Investment property owners considering a 1031 exchange frequently ask our team at First Guardian Group about the rules of “debt replacement” they must follow. It is not surprising we receive these questions because while IRS regulations require that the value of the debt on the relinquished property be replaced on the new property, there are no clear guidelines on how that debt should be replaced.

The American Bar Association provides a nice summary explanation of the requirement:

How are mortgages on the relinquished property treated?

“A mortgage or deed of trust on the Relinquished Property can be paid off with exchange proceeds. The portion of the proceeds used to pay the mortgage or deed of trust are deemed Realized Proceeds, however and are included in the Exchange Value, so the mortgage must either be replaced with a new mortgage or cash from outside the exchange in purchasing of the Replacement Property.”

It is important to note that the replacement of debt does not necessarily mean a 1031 exchanger has to take out a new mortgage in the same amount, but rather, it is the value of the relinquished debt that needs to be replaced. Here is an example:

property-1

The debt replacement value of $500,00 can be funded by using one or a combination of any of the following:

  • Cash (from outside the exchange)
  • Traditional Financing (another mortgage)
  • Seller-Financing (the seller uses a Carryback Note to finance the property)
  • Private Money Loan

Avoid Boot

Boot is a term used to describe a recognized gain (taxable event) in a 1031 exchange and it can be generated in several ways. Most 1031 exchange investors think of boot as what happens when failing to reinvest all the equity from the relinquished property, but boot can occur by making a mistake on debt replacement as well. Again, as described by the American Bar Association, boot can occur by:

“Not replacing debt paid off on the Relinquished Property. Because the portion of proceeds used to pay debt is deemed realized, the Taxpayer must replace it either with new debt or cash from outside the exchange in purchase of the Replacement Property in order to avoid recognizing it.”

A common problem that we encounter with especially retired investors is that, while they may have accumulated substantial net worth, they may no longer have sufficient income to qualify for a loan to purchase a traditional real estate replacement property in order to complete a 1031 exchange. 

Delaware Statutory Trust (DST) options may provide a solution for this problem since many DSTs already have a loan in place. Since the loan has been granted to the DST sponsor who is the sole borrower for the DST, the investor does not need to qualify for the loan – but can take advantage of it for purposes of meeting the 1031 exchange debt requirement and also taking advantage of applicable interest deductions on their tax returns. 

If you have any additional questions or if we can help with your exchange, do not hesitate to contact us at info@firstguardiangroup.com

 

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 $2 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student and senior housing. Paul Getty’s transaction experience includes buy and sell side representation, sourcing, and structuring of debt and equity, work-outs, 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 Getty 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 Getty 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 25 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 Getty holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. He is a member of the Institute of Real Estate Management (IREM), a Certified Property Manager Candidate (CPM), and a member of the US Green Building Council. Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered representative with LightPath Capital Inc, member FINRA /SIPC.

Paul Getty is a noted speaker, author, and actively lectures on investments and sales and management related topics. He is the 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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