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The Tax Consequences of Taking Cash from a 1031 Exchange

We are pleased to share this guest blog provided to our readers by Exchange Planning Corporation, a company dedicated to providing comprehensive 1031 exchange solutions to real estate investors .

Whether you’re considering extracting cash for an investment, home remodel, or charitable contributions, understanding the rules and regulations can save you from unexpected tax liabilities. As we explore various strategies and scenarios, including capital loss carryovers, passive loss carryovers, and how to shelter the “boot” in a 1031 exchange, consider where you assign value. From emotional decisions to practical examples, this post is your essential resource for grasping the tax implications of taking cash from a 1031 exchange.

Is Taking Cash from an Exchange Possible Without Tax Consequences?

We are often asked if it’s possible to take cash from an exchange without a current tax consequence. For example, “If I take $100,000 cash out of this exchange, how much tax will I pay?” Under certain conditions, you might be able to do this without paying any taxes for the year you take the “boot” (cash that you don’t exchange). 

Various Ways to Take Boot Without Paying Current Tax

The Internal Revenue Code provides numerous strategies to take boot without immediate taxation. These may include capital loss carryovers, passive loss carryovers, net operating loss, all of which could shelter potential boot. Additionally, accelerated depreciation can give deductions to shelter the boot. The code also provides for exchange expenses, which can shelter boot. Exchange expenses are costs specifically related to the sale of the relinquished property or the purchase of the replacement property. However, they are not a direct cost of the real estate itself. The primary purpose of exchange expenses is to shelter boot, but they must be used carefully. This is because most exchange expenses can also create boot.

Deductions and Charitable Contributions

What other deductions can also shelter boot, like exchange expenses? Sometimes, the boot created by taking cash from the sale proceeds can be offset by charitable contributions. If aligned correctly, funding charitable contributions with exchange proceeds can be beneficial.

Use deductions now or in the future?

Several methods exist to take cash proceeds out of a 1031 exchange without paying taxes on the boot they create. Utilizing deductions like capital loss carryovers or passive losses can make this possible. However, the decision to take the boot and use these deductions now raises an essential question: Is it wise to use them now when they might be more beneficial in the future?

Sometimes a simple tax analysis can provide an answer. For example, a client with a large capital loss carryover that would never be utilized might benefit from taking some boot. By doing so, they can change the capital loss carryover into passive losses, making it more advantageous. It’s a decision that requires careful consideration of both immediate benefits and potential long-term implications.

Balance Emotional Needs, Tax Consequences, and Long-Term Investment Strategies in a 1031 Exchange 

Most of the time, the decision to take cash from a 1031 exchange is not solely based on tax consequences. Usually, there’s a need for cash, making the choice more emotionally driven.  This is an important item to consider because the cash extracted from the exchange will no longer produce the tax-sheltered rental income that makes real estate an appealing investment.

Another crucial aspect to consider is the future income and tax deductions lost when taking exchange proceeds out. Many people overlook future tax benefits when conducting an exchange. Our projections demonstrate that considering the tax benefits and cash flow, an investor may recoup 60 – 75% of their exchange proceeds when refraining from withdrawing them over a ten-year period. In the long run, there’s little benefit to taking cash out of an exchange.

However, this brings the decision down to an emotional dilemma. Sometimes clients wish to withdraw cash from the exchange for a legitimate personal need or simply think they can achieve better returns from a different investment. While this may theoretically be possible, decades of practical experience show that these ventures seldom pan out as anticipated. For this reason, we generally advise against taking boot for a different investment.

When a client has a need for cash, we find that obtaining that money from exchange proceeds can be a tax-effective way to proceed. For example, we recently assisted a client in taking cash from the exchange proceeds to pay for a kitchen remodel. This was a more cost-effective strategy with minimal tax implications, when compared to securing a home equity loan.

Consult Exchange Planning Corporation to leverage Our Experience and Advanced Software

Regardless of your liquidity needs, Exchange Planning Corporation can assist you with your exchange. Emotional considerations often play a significant role in these decisions, and that’s where the Exchange Planning Corporation steps in to clarify your needs.

Then to ensure accuracy and provide tailored solutions, we utilize our specialized 1031 Exchange Calculation Software in our consultations with clients. This advanced tool enables us to analyze various scenarios, accurately estimate potential taxes, and evaluate the long-term impact of extracting cash from an exchange. Our software also generates comprehensive reports, crucial for both understanding your options and fulfilling tax requirements.Designed to assist in making informed decisions, the software allows us to weigh the emotional, financial, and tax-related factors with utmost precision. Whether you’re considering using the cash for a home remodel, new investment, or other financial needs, our use of this innovative software ensures that we explore every option thoroughly, providing you with detailed insights and personalized recommendations.

FAQ

Q: What is a 1031 Exchange, and why would I consider taking cash from it?
A: A 1031 exchange allows you to defer capital gains taxes when you sell an investment property and reinvest the proceeds in a similar property. Taking cash from the exchange, also known as “boot,” may be considered if you need liquid assets for other purposes, such as a home remodel or other investments. However, the decision involves considering tax consequences, future benefits, and emotional factors.

Q: Can I take cash from a 1031 Exchange without paying taxes?
A: It’s possible to take cash from a 1031 exchange without immediate tax consequences by using specific deductions, such as capital loss carryovers or passive losses. However, this decision must be weighed carefully, as those deductions might be more beneficial in the future.

Q: What are the long-term benefits of leaving my proceeds in the 1031 Exchange?
A: By leaving your proceeds in the exchange, you may continue to benefit from tax-sheltered rental income. Projections show that investors may recoup 60 to 75% of their exchange proceeds over a ten-year period, if they do not withdraw the cash. The long-term benefits typically outweigh the immediate gains from taking cash out.

Q: What are some emotional considerations when deciding to take cash from the exchange?
A: The decision often becomes emotionally driven when there’s a specific need or desire for cash, such as home improvement or pursuing other investment opportunities. It may also be influenced by a belief that better returns can be obtained elsewhere. Consulting with the qualified specialists at Exchange Planning Corporation can help you in making an informed decision that balances both emotional and practical considerations.

Q: If I need cash, what are my options within a 1031 Exchange?
A: If you need liquid assets, taking cash from the exchange proceeds can be a tax-effective method, provided it’s done wisely and in line with your overall financial strategy. Examples include using the cash for cost-effective solutions like home remodeling. 

Please contact FGG1031 for more information. 

 

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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