Selling Farmland for Vacation Property Short Sale

In this 1031 exchange, capital gains taxes were deferred when Indiana farmland was sold and replaced with a Florida vacation property short sale. The exchange started with the client finding Atlas 1031 following a Google lookup using keywords 1031 exchange and the client’s home town. “The Atlas 1031 web site came to the top of the search list. The detailed site provided the information and confidence to proceed with making contact.”

This was the client’s first 1031 exchange and he was looking mostly for information in the beginning. “Atlas 1031 was quick to follow up with a phone call to discuss my requirements.”

For those not familiar with a 1031 exchange, the Internal Revenue Service (IRS) allows for the deferral of capital gains and recaptured depreciation taxes when real and personal property held in the productive use of a business or for investment is exchanged for real and personal property held in the productive use of a business or for investment within 180 calendar days of the first closing. Given the intent when selling real estate, artwork, aircraft or equipment is to replace with like-kind property of equal or greater value, then the taxes are deferred indefinitely or until the replacement property is sold. There is no limit to the number of 1031 exchanges a taxpayer can initiate. In 2012, the Joint Committee on Taxation estimates $3.2 billion taxes will be deferred in 1031 exchanges.

“Where do you start?” “How do you trust a company to correctly follow the IRS requirements?” These were some of the questions the client wanted to answer. After the initial education of how a 1031 works, the client’s main concern focused on the timing of the transactions given the replacement property was a short sale. Fortunately, they had flexibility on when they sold and closed on the Indiana farm allowing them to coordinate the Florida vacation replacement property closing within the same week. Consequently, the exchange funds were wired directly from the farmland closing to the attorney’s office in Florida. “The short sale added another layer of complexity but in the end, the bank signed the notice of assignment of the sales contract and the exchange worked easily.”

Trust is a major issue when selecting a qualified intermediary. A qualified intermediary is required by the IRS when initiating a 1031 exchange. Atlas 1031 Exchange is a full time provider of qualified intermediary services with a Certified Exchange Specialist© on staff accommodating 1031 exchanges worldwide.

How did Atlas 1031 Exchange earn the client’s trust?

“Atlas is a very good communicator, both with timely email responses and return phone calls. In fact, in most instances, the phone call was answered on the first dial. Getting answers fast was my key to earning trust.”

Kurt and Mary Kroemer, Zionsville, Indiana

 

1031 Exchange: Vacation Property Rental

Jeff Boll is General Counsel for SETCO Services, LLC in Perdido Key, Florida. He has worked with Atlas 1031 Exchange and Andy Gustafson for a couple of years referring clients interested in 1031 tax deferred exchanges. When it came to his personal 1031 exchange, he followed his guidance to others and engaged Andy at Atlas 1031 Exchange.

In his forward exchange, he sold a lot and acquired a condominium of greater value. It was a straight forward exchange, replacement property was identified within the 45 day time line and acquired shortly thereafter.

“The 1031 exchange was a very smooth process. I found Andy easy to work with and very professional. Though I have known and referred clients to Andy in the past, I trusted his knowledge and procedures to safeguard my exchange proceeds. VIST Bank provided monthly account statements reflecting my exchange funds balance. When if came time for the replacement funds, Andy initiated the wire out and VIST Bank called to confirm the personal identification number authorizing the disbursement. Andy responded to everyone of my emails or phone calls within the same day.”

Jeff Boll
Perdido Key, Florida

 

1031 Exchange: Condominium for Condominium

Bob was referred to Atlas 1031 by George Brannon Jr., CEO of SETCO Services, LLC, a title and escrow services provider with offices in Destin, Panama City Beach, Seacrest and Perdido Key, Fl. In Bob’s initial call, he explained his intent to sell a condominium held for investment and to initiate a 1031 exchange for real property located closer to his family’s home in Roswell, Ga.

Forward Exchange

There are different types of exchanges with the forward exchange being the most common. Reverse exchanges allow for the new property to be acquired before the sale of the old property.

The forward exchange was an appropriate strategy for Bob. The sale of his Destin, Fl. investment property was closed first, followed by the closing on the Roswell, Ga. property. There was no need to identify property formally given his actions completed the exchange prior to the forty-fifth calendar day milestone.

Testimonial

“The service was great. Andy made it very easy to understand and was always accessible to phone calls and responsive to our emails. We will use Atlas’ services again in the future.”

Bob and Marie Perrotta
Rosewell, Georgia

 

1031 Exchange of Vacation Property

This 1031 exchange was a referral from a title company in Destin, Florida. The client sold a vacation property held as a rental and replaced with another rental property in a forward 1031 exchange. The identification of three properties was made prior to the 45th calendar day. Each property was for a purchase price greater than the property sold. The replacement property was purchased prior to the 180th calendar day.

Forward Exchange

In a forward 1031 exchange, the relinquished or old property is sold and closed starting the 180 calendar day time frame. The net equity from the sale is wired to a bank account under the Exchangor’s social security number and earns interest. A personal identification number (PIN) or qualified escrow agreement is selected requiring the Exchangor to authorize disbursement. Identification of up to three properties is faxed to the qualified intermediary prior to the 45th calendar day. The day prior to the closing on the replacement property, the net equity plus interest is wired to the title company. 1031 exchange documents are prepared for both closings in accordance with Section 1031 of the Internal Revenue Code with a summary of signed documents forwarded to the Exchangor and CPA for their records.

Testimonial

“No tax was paid and the 1031 service was efficient.”

Tom Davee
Madison, Indiana

1031 Exchange: Vacation Property Hold Time

1031 Exchange Vacation PropertyAs a general rule, when a taxpayer sells real property and realizes a gain on the property, the taxpayer is required to pay capital gains taxes on the gain realized. Although the rate at which capital gains are taxed fluctuates, it is typically enough to warrant looking for legal mechanisms to avoid the obligation. One mechanism used by many taxpayers is a Section 1031 Exchange. Named after the IRS section from which it stems, a Section 1031 contemplates an “exchange” of property instead of an outright sale. When a transaction qualifies for a Section 1031 Exchange, capital gains taxes on the realized gain are deferred. Can the sale of a vacation property qualify for Section 1031 treatment? If certain conditions are met, the answer is “yes.”

Continue reading

1031 Exchange: Vacation Property Rental

1031 Exchange: Vacation Rental PropertyJeff Boll is General Counsel for SETCO Services, LLC in Perdido Key, Florida. He has worked with Atlas 1031 Exchange and Andy Gustafson for a couple of years referring clients interested in 1031 tax deferred exchanges. When it came to his personal 1031 exchange, he followed his guidance to others and engaged Andy at Atlas 1031 Exchange.

Continue reading