Importance of Fair Market Rent in a 1031 Exchange

Investing in real property with a 1031 exchange can be a lucrative venture; however, an investor can also lose a considerable amount of potential income to capital gains taxes if the purchase and sale of properties is not conducted with care. One option for taxpayers who are trying to avoid paying the often high rate of capital gains taxes is to enter into a Section 1031 Exchange instead of a traditional sale. When a transaction qualifies for Section 1031 treatment, the profits realized as a result of the exchange are deferred for purposes of computing capital gains taxes. Although the general concept behind a Section 1031 Exchange is rather straightforward, an overlooked detail can cost a taxpayer as significant amount of money because a taxpayer who fails to meet each and every requirement for Section 1031 treatment will lose the tax benefits offered by a 1031 Exchange.

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1031 Exchange and 2013 Capital Gains Tax Rates

Beginning in 2013, Internal Revenue Code (IRC) Section 1031 tax deferred exchanges will defer the recently elevated federal capital gains tax for taxpayers with a modified adjusted gross income (MAGI) of $200,000 for individuals and $250,000 for married filing jointly. The aggregate tax rate will increase from 15 percent to 18.8 percent for individual and married taxpayers with a MAGI of $200,000 and $250,000 respectively. For individual and married taxpayers with a MAGI of $400,001 and $450,001, the federal capital gains rate is 23.8 percent.

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Three Initial Steps to a 1031 Exchange

Taxpayers who wish to initiate a tax deferral may ask “What are the initial 1031 exchange steps?” in an effort to avoid any mistakes. As a Qualified Intermediary (QI) of 1031 exchanges, I appreciate the question because it shows the taxpayer is taking ownership. With ownership comes better questions and clarity, resulting in fewer if any misinterpretations.

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1031 Exchange Timeline Requirements

A 1031 exchange timeline begins with your CPA suggesting the tax deferral strategy. You are in the process of selling and replacing real estate, whether that is land, a vacation rental or commercial property or aircraft used in business, artwork, vintage car, livestock or classic musical instrument and now need to research how to initiate and what is a 1031 exchange. What do you do? What are the timelines, what haven’t you done, is there time? As long as you have not closed and received the net equity from the sale, there is time.  I promise as an Eagle Scout earned years ago when Richard M. Nixon was President.

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1031 Exchange Economics

1031 Exchange EconomicsThe forerunner of the modern day 1031 exchange has traces to when goods and services first were traded. When cowboys traded horses or bulls and the one horse or bull was considered a better value than the one received, a weapon, food or cash was received to settle the difference, often placed in the cowboy’s boot for safekeeping. In today’s 1031 exchange, when the exchangor receives a benefit such as cash at closing or has a smaller mortgage than before, this is known as equity or mortgage boot. In 1921, Congress enacted the National Revenue Act that included the modern day 1031 exchange. The 1031 exchange component was based upon the fact that the economic position of the taxpayer did not change from one transaction to the next. The taxpayer has not received a benefit either in cash or reduction in mortgage, rather an old property has been replaced with another property. If a benefit was received, it is taxable.

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1031 Tax Exchange

1031 Tax ExchangeAs the precursor to the modern day 1031 tax exchange, exchanging one property for another represents a common activity dating back to when mankind first began trading including the last three hundred years in the US, where land traded for land, and the horse for horse trades of old. If a farmer traded land with a better yield for a farm or land of lessor value, the farmer would ask for something of value to make up the difference. The generally accepted concept was that the farmer’s economic position didn’t change. The theory is the basis for the 1031 tax exchange, yet with the introduction of income taxes in the early twentieth century, any benefit received beyond the real or personal property received was considered boot, or taxable.

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