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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.
 


 

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 What is a 1031 Exchange?
Named for that section of the Tax Code that allows the deferral of capital gains taxes normally due upon the sale of investment property.    More Details  

How much can I save?
Use our Capital Gains Tax Estimator to determine your tax liability with or without utilizing the 1031 Exchange Strategy. More Details


What to demand from a Qualified Intermediary
If you don't receive a monthly statement from the depository bank, your Q.I. is pooling the funds, and earning interest that you can't see.       More Details


 

 
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