| |
|
|
What is a 1031 Exchange?
Normally, when you sell an
investment property, you owe capital gains taxes, both
Federal and State. The mere fact that you purchase
replacement property with the proceeds does nothing to
alleviate the taxes.
If you properly
structure the transactions as a 1031 Exchange, you
retain purchase power of the 24% of your proceeds
(approximately) you would have lost to taxes, for the
purchase more and/or better replacement property.
The tax deferred exchange, as defined in Section 1031 of
the Internal Revenue Code of 1986, as amended, offers
investors one of the last great opportunities to build
wealth and save taxes. By completing an exchange, the
investor (Exchanger) can dispose of their investment
property, use all of the equity to acquire replacement
investment property, defer the capital gain tax that
would ordinarily be paid and leverage all of their
equity into a replacement property. Other than the
timing requirements for the identification and closing
of replacement property, the two major requirements that
must be met in order to defer the capital gain tax are:
(a) the Exchanger must acquire “like kind” replacement
property and (b) the Exchanger cannot receive cash or
other benefits (unless the Exchanger pays capital gain
taxes on this money).
In the words of the Tax
Code:
"No gain or loss shall be recognized on the exchange of
property held for productive use in a trade or business
or for investment if such property is exchanged solely
for property of like kind which is to be held either for
productive use in a trade or business or for
investment."
The replacement property
must be "like-kind", which only means it must be a
property you will hold for investment or for use in a
trade or business. It can therefore be of
any type of U.S. real property (Commercial,
Residential, Industrial, Vacant Land,
Agricultural, etc.) as long as the taxpayer will
hold the property for “Productive use in a Trade
or Business” or “Hold the property for
investment.” For example, an owner of a office
building in Florida can exchange for a parcel of
vacant land in Utah. Later that same taxpayer
can exchange the land for a warehouse in
Missouri. Later the warehouse can be exchanged
into an undivided partial interest in an office
tower in Chicago. Later the partial ownership of
the office tower can be exchanged for total
ownership of a local office building, which will
be occupied in part by the taxpayer’s sole
proprietorship, the rest being leased for
income. These are just some of the scenarios
made possible by the enactment of IRC § 1031. This is HUGE!
The table below gives a
simplified example of the benefit of using a 1031
Exchange. We compare two identical sales of investment
property, side by side.
| Selling Investment Property Without a
1031 Exchange |
$ |
Selling Investment Property as a 1031
Exchange |
$ |
| If your
Sale Price is: |
$500,000 |
If your
Sale Price is: |
$500,000 |
| Less your
Mortgage: |
$350,000 |
Less your
Mortgage: |
$350,000 |
| This
Leaves Equity of: |
$150,000 |
This
Leaves Equity of: |
$150,000 |
| With your
Sales Price at: |
$500,000 |
With your
Sales Price at: |
$500,000 |
| And your
original purchase price at: |
$300,000 |
And your
original purchase price at: |
$300,000 |
| There is
a Taxable Gain of: |
$200,000 |
There
would be a taxable gain of: |
$200,000 |
| At the
base Federal Capital Gain Tax rate of: x |
15% |
However,
since you will use all funds to purchase
more suitable investment property, your
taxable gain is actually: |
$0.00 |
| There
will be Capital Gains Taxes due: |
$30,000 |
Taxes
due: |
$0.00 |
| Net cash
left for investment: |
$120,000 |
Net cash
left for investment: |
$150,000 |
| (State
taxes and depreciation recapture are not
included in these figures, but would
represent significant additional benefit
in doing a 1031 Exchange) |
(Equity – Tax) |
Tax
Savings:__________ |
$30,000.00 |
|
| fig.1 Comparison:
Paying Capital Gains Taxes vs. Utilizing a 1031
Exchange |
You should never have to pay taxes on
the sale of investment property when you intend
to reinvest the proceeds in more investment
property.
The benefits are more amazing over time. Below,
following the same side by side comparison along
its logical progression over time, the investor
on the left has just paid $30,000 in capital
gains taxes and has $120,000 remaining cash
available for re-investment. The investor on the
right just completed his first 1031 Exchange,
deferred $30,000 in capital gains taxes and has
$150,000 remaining cash available for
investment. Both investors had a mortgage of
$350,000 and will take an equal
mortgage on the next purchase. The investor on
the left (Not using 1031’s) takes his remaining
cash: $120,000 and a new mortgage of $350,000
and purchases the next property for $470,000.
The investor on the right (Using 1031’s) takes
his remaining cash: $150,000 and a new mortgage
of $350,000 and purchases the next property for
$500,000. (we are leaving out any considerations
for costs of selling, depreciation, improvement
or any adjustment of basis. These matters do
warrant consideration but for now, we'll set
that aside.
Both investors will
wait a period of time for the value of each
property to increase by 50% before selling it. On both sides, a new mortgage equal to that
held on the previous property along with all
proceeds from the previous sale are used to buy
the next investment/business property. As
before, the investor on the left will not use
1031 Exchanges. However, the investor on the
right will use a 1031 Exchange as a part of each
sale and purchase. As stated previously, these
early examples are very simplified. There are
important rules to be aware of and many factors
to understand before beginning your exchange.
Always consult your tax advisor when planning a
1031 Exchange. Nobody
knows your personal situation like your tax
advisor does.
|
|
| Without using 1031 Exchanges$ |
| 2. Initial Cost |
$470,000 |
Mortgage |
$350,000 |
| Sell Price |
$705,000 |
Proceeds |
$355,000 |
| Gain |
$235,000 |
Taxes
Due |
$35,250 |
| Cash available for re-investment |
$319,750 |
| 3. Initial Cost |
$669,750 |
Mortgage |
$350,000 |
| Sell Price |
$1,004,625 |
Proceeds |
$654,625 |
| Gain |
$334,875 |
Taxes
Due |
$50,231 |
| Cash available for re-investment |
$334,875 |
| 4. Initial Cost |
$954,394 |
Mortgage |
$350,000 |
| Sell Price |
$1,431,591 |
Proceeds |
$1,081,591 |
| Gain |
$477,197 |
Taxes
Due |
$71,580 |
| Cash available for re-investment |
$1,010,011 |
| Total Taxes Paid: $187,061 |
Property
Deficit: $327,489 |
|
| $Utilizing the Benefits of 1031 |
| 2. Initial Cost |
$500,000 |
Mortgage |
$350,000 |
| Sell Price |
$750,000 |
Proceeds |
$400,000 |
| Gain |
$250,000 |
Taxes
Due |
$0.00 |
| Cash available for re-investment |
$400,000 |
| 3. Initial Cost |
$750,000 |
Mortgage |
$350,000 |
| Sell Price |
$1,125,000 |
Proceeds |
$775,000 |
| Gain |
$375,000 |
Taxes
Due |
$0.00 |
| Cash available for re-investment |
$775,000 |
| 4. Initial Cost |
$1,125,000 |
Mortgage |
$350,000 |
| Sell Price |
$1,687,500 |
Proceeds |
$1,337,500 |
| Gain |
$562,500 |
Taxes
Due |
$0.00 |
| Cash available for re-investment |
$1,337,500 |
|
|
| Comparison: Long View - Paying
Capital Gains Taxes vs. Utilizing 1031 Exchanges |
At the conclusion of the
comparison we see that after transaction 2 the investor on the left sells for $705,000 paying off a mortgage of
$350,000 and leaving proceeds of $355,000. Also, creating a capital gain of
$235,000 of which he pays 15% in federal capital gains taxes, $35,250.
Subtracting that from his proceeds leaves $319,750 cash available for
re-investment into the next property. Together with a new mortgage of
$350,000 the investor buys the next property for $669,750, and so on. At the
end of the experiment the investor on the left has $1,010,011 available to
buy more investment property. Not too bad, unless he is compared with the
investor who utilized 1031’s the whole way through, shown on the right.
In total, between the three transactions, the investor who didn’t use 1031’s
has paid $187,061 more in capital gains taxes than his counterpart using
1031’s. Furthermore, because his money wasn’t able to be invested in and
appreciating with his property, the property he owns is worth $327,489 less
than the investor who used 1031’s every time. Of course, the investor on the
left could have kept pace with the one using 1031’s, but would have had to
shoulder an additional $327,489 in debt. Given the cost of debt service on a
mortgage that size, that wouldn’t keep pace with the investor on the right
at all. Giving investors the ability to keep more of their money’s momentum
working, 1031 Exchange is widely regarded as one of the most powerful wealth
building strategies still available to U.S. taxpayers.
1031 Exchange is similar to taking an interest free loan from the IRS to buy more investment property for making
more money.
|