1031 Tax Deferred Exchanges
Presented by Matthew Scheriff – 2.5 hours
- Introduction & Overview of IRC §1031 Tax Deferred Exchanges (10 minutes)
- What does a 1031 exchange do?
- Brief history of 1031 exchange
- Current uses for 1031 exchanges in real estate transactions
- Investor motivations for using a 1031 exchange (10 minutes)
- Preservation of wealth
- Quality of life issues
- Product and geographic diversification
- Beneficial cash flow
- Definition of “like kind” property (20 minutes)
- Myths about “like kind” property
- Legal definition
- Intent of person or entity owning property
- Examples of property which would not be considered “like kind”
- Cooperative apartments
- Second homes
- Rehabilitation properties
- Brief overview of personal property exchanges
- Less than fee interests of real property
- Rules to obtain a complete deferral (15 minutes)
- Trade up
- Roll all proceeds forward
- Same taxpayer requirement
- Boot defined
- Exchange Safe Harbors defined (15 minutes)
- Use of a Qualified Intermediary
- Qualified escrow or trust account
- Use of a security agreement or arrangement
- Interest paid on exchange funds
- Time limits for a delayed exchange (10 minutes)
- 45 day rule
- 180 day rule
- Federal tax return filing consequences
- Identification rules (10 minutes)
- 3 property rule
- 200% rule
- 95% exception
- Procedure for a proper identification
- Exchange vesting issues (10 minutes)
- Requirement for same party on sale and purchase
- Limited exceptions to these rules
- Partnership and corporation dissolution issues
- Parking Arrangements (15 minutes)
- Reverse exchanges
- Improvement exchanges
- Reverse improvement exchanges
- Retirement and estate planning issues (15 minutes)
- Combination §1031 and §121 exchange
- How the primary residence capital gains tax exclusion can be used
- Retirement and estate planning ideas
- Purchase your vacation or retirement home
- Triple net lease; TIC properties and REITs
- Financing considerations (10 minutes)
- Refinancing of IRC §1031 Tax Deferred Exchanges
- Relinquished property – prior to or during exchange
- Replacement Property – after completion of exchange
- Seller Financing
- Installment note treatment
- Incorporate into 1031 exchange
- Infuse money
- Sell off note
- Replacement property options (10 minutes)
- Triple net leased retail sites
- Tenant-in-common programs
- Pros / cons
- IRS and SEC considerations