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MOST COMMON 1031 FAQs

MOST COMMON 1031 FAQs2019-04-17T12:57:37-06:00

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What is 1031x.com?

We facilitate 1031 exchanges to help investors save money and grow their wealth. We have been at this for 25 years and processed billions of dollars in successful deals.

What is a 1031 Exchange?

The “tax-deferred” or “like-kind” exchange is a simple strategy used by real estate investors to maintain and grow wealth.  A 1031 investor sells a qualified investment property and defers all tax liability (capital gain, depreciation recapture, etc) by using the proceeds from the sale as a down-payment on another qualified investment property of equal or greater value.

How do I get started?

You should speak with an experienced 1031 exchange coordinator about the relevant details of your potential exchange. We always offer a free consultation at (303) 504-0144 or by email.

Please note that a qualified intermediary cannot provide specific legal or tax advice.

How can I defer all of my taxes from the sale of my property?

You can fully defer all of your taxes by following two rules. (1) Make sure your replacement property(ies) have an equal or greater net sales price. (2) Transfer all of your net equity into the new property(ies) as a down payment.

How long do I have to hold a 1031 exchange property?

There is no strict rule here. The IRS cares more about your intent to hold and treat the property for investment. Time is a factor that the IRS may consider when determining if a taxpayer legitimately intended to hold the asset for investment.

How long do I have to buy a replacement property after I sell?

After the close on the sale of your relinquished property, you have a maximum of 180 calendar days, or your tax filing date, whichever is earlier, to buy your replacement property(ies).

Remember that you must also correctly identify your potential replacement properties within 45 calendar days from the close of the relinquished property.

Do I qualify for a 1031 exchange?

If you are considering selling an investment property and want to reinvest your gains rather than pay taxes, you likely qualify! Call or email one of our 1031 coordinators for a free consultation. We will help you understand your exchange options.

Who holds my sale proceeds? Is this safe?

We do not hold your sale proceeds; rather, we partner with FDIC-insured banks who will open an individual escrow account for you. The account is set up in your name and no 1031 funds may move in or out of the escrow account without your written and verbal authorization.

What is a “qualified intermediary”?

A qualified intermediary, or 1031 Accommodator, helps coordinate and process 1031 exchanges as set forth by U.S. Treasury Reg. §1.1031(k)-1(g)(4). The QI helps transfer the relinquished (sale) and replacement (purchase) properties; it also establishes escrow accounts for the securing of 1031 proceeds. 1031x.com, Inc has been a qualified intermediary for more than 25 years.

Can someone email me or call me? I have questions about my specific situation.

We always offer a free consultation at (303) 504-0144 or by email. Click here to tell us how and when we should contact you.

Can I exchange my primary residence?

Unfortunately, no. The IRS does not consider your primary residence to be an investment asset for 1031 purposes.

Can I exchange my vacation home?

Vacation homes do not qualify for 1031 treatment. You are able to exchange a property at which you spend personal time, but the personal time may not exceed   10% of the total days the asset was rented out or 15 days, whichever is less. Learn more about other 1031 rules here.

What qualifies as a 1031 replacement property?

You can 1031 exchange any property held for investment or business purposes. All properties that fall into these categories are considered “like-kind” in an exchange.

How do I identify my replacement properties?

After the close on your relinquished property, you have 45 calendar days to identify potential replacement assets. Within than identification period, you must submit a written document to your 1031 qualified intermediary with a list of potential purchase addresses.

We will provide an electronic form that you can use an update at any time before the end of your identification window. To learn more about identification rules and for some helpful tips, click here.

What is “boot”?

“Boot” in an exchange refers to the receipt of taxable assets that violate the IRS rules. If you directly receive and take possession of any proceeds of your sale then those proceeds are taxable and may no longer be deferred in the exchange (“cash boot”). If you use all of your proceeds but fail to trade equal or greater in net sales price, the difference in net sales price becomes taxable (sometimes called “mortgage boot”).

What does “like-kind” mean?

It simply means that a property is used productively in a business or is otherwise held for investment. The IRS is fairly liberal with its definition of like-kind real estate. Single-family and multi-family are like kind. Commercial and residential can be like-kind. The definition even covers unimproved land and mineral rights. If you have questions about a specific property you want to buy or sell in a 1031 exchange, click here to contact our coordinators.

Can I sell or buy more than one property in a single 1031 exchange?

Yes! You can buy or sell partial properties, single properties, or multiple properties in the same exchange.

Keep in mind that all activity in a single exchange must still comply with the 45-day and 180-day rules — as well as identification rules — no matter how many assets are involved.

Can I pay for closing costs with my exchange funds?

It depends. Some selling expenses and closing costs may be paid for with 1031 exchange proceeds; other costs must be paid for with after-tax funds. Examples of items that your proceeds may pay for include title insurance premiums, escrow fees, referral fees, qualified intermediary fees, recording fees, and broker commissions.

You may never use 1031 proceeds to pay for lender fees, prorated taxes or rents, security deposits, or repairs/maintenance. Any proceeds used for these purposes will become taxable.

Our Investors Say

“Sean at 1031x.com did a great job for me, regarding the sale and purchase of rental properties in Minneapolis and Denver. He was easy to get a hold of and explained everything thoroughly for me; which made the process effortless. I will recommend 1031x.com to everyone!”

ANDREW MYHRE

“I have known Steve for 25 years, and have worked with everyone in the company, and I will never use anyone else for a 1031 exchange. They are extremely knowledgeable and helpful; 1031x.com always provides the most up to date and easy to understand information, which can be a difficult task being that the IRS isn’t always that easy to understand!”

LINDSAY LAMSON

“Matt did a great job. Quick, professional, and easy to work with!”

RICK KLEIN

“Everyone at 1031x.com is very knowledgeable. They are all very efficient and everything was done in a timely manner. 1031x.com was very easy to work with and they know the IRS rules very well.”

JOHN AGNEW

“Very knowledgeable, always answered questions quickly and accurately. Would definitely use again!”

BRENDA & CHRISTOPHER HARRIS