It’s not uncommon to throw around terms like “cash boot” or “mortgage boot” in a 1031 like-kind exchange. But what exactly is “boot”? You won’t find that word in the Internal Revenue Code (IRC). It does not appear in the Treasury Regulations. Here, “boot” means value “given in addition to.” The term is common
Need a quick refresher on how 1031 exchange affects tax basis in your property? Or maybe you need a reminder about exactly what tax basis means? We'll cover the basics in this post and provide you a few examples. What is Tax Basis? Tax basis is what the IRS uses to keep track of
- What to do when some partners want to do a 1031 exchange, but others don't - A frequent call to our company goes like this: “Five of us own an LLC. The LLC, in turn, owns a piece of real estate held for investment. It has a substantial gain in the property and
Owner Carry Financing in a 1031 Exchange - Installment Sales under IRC Section 453 - Investors often ask us if owner carried financing (installment sales under IRC section 453) and a 1031 exchange (IRC section 1031) work together in the same transaction. While possible, it can be tricky adding owner carry financing to a tax-deferred
1031 Debt Replacement- You Don't Always Need New Debt It’s common to read that 1031 exchangers need to “replace their debt” from their relinquished property by taking out new debt on their replacement property. This is sometimes referred to as the “equal or greater debt” rule. However, this isn’t necessarily true. The IRS doesn’t
- Why Tenants in Common (TIC) structure is advantageous for 1031 exchange investors - The limited liability company (LLC) is a relatively young creature created by State statutes. By contrast, the concept of owning an asset as "tenants in common" (TIC) is centuries-old, much of it dating back to English law. In a
