FAQ

FAQ

There are no extensions to the exchange deadline. Federally declared disasters are the only current exceptions that would grant an extension.

No. While you have to replace the loan value, you can accomplish this by getting a new loan, bringing additional cash to the table, or a combination of the two.

until: 1. The 45-day identification period has expired, and no identification was made (or property identification was revoked before the 45th day), or 2. You identified property within 45 days and closed on ALL the identified property; or 3. The 180-day exchange period has expired.

To have a fully tax-deferred exchange, the taxpayer must trade up or equal both value and equity from the relinquished property to the replacement property. Taxes will occur on the greater of these values only to the extent of the realized gain from the exchange. If you take any cash out at closing, it is categorized as the taxable boot. This is where a good tax advisor is helpful.

No, you only have to provide an ID form with the addresses of the properties you consider as replacement properties by the 45th day. Only properties identified by the 45-day deadline qualify for the exchange. If any of those properties fall through after day-45, you cannot identify additional properties.

Vacation rentals qualify for a 1031 exchange if they have been rented at fair market rates for at least 14 days each 12 months for at least two years before the sale. During these two years, personal use of the vacation rental cannot exceed 14 days (if rented 14 days) or ten percent of the number of days rented each year.

The qualified intermediary (QI) is the independent third party required by the IRS to act as the middleman in both the sale and purchase transactions. The QI cannot be the taxpayer, a descendant of the taxpayer, or an agent of the taxpayer (realtor, attorney, accountant, etc.). The QI’s role is to prepare the exchange documents, coordinate with the closing agents for each transaction, and escrow the funds.

The CES® designation was established in 2003. It is recognized as the mark of professionalism and knowledge in the 1031 exchange industry. To earn the designation, candidates must demonstrate knowledge of exchange rules and competency in performing the critical and ethical activities of a qualified intermediary. Because Section 1031 exchanges are complex transactions, the CES® designation is an important indicator of an accommodator’s experience and knowledge. It demonstrates to a property owner considering an exchange that the professional they have chosen has met the key criteria necessary to perform exchange transactions accurately and ethically..

No, there are a number of options available to investors looking to exchange for like-kind properties. Here is a list of some of those options: Rental properties 30-year leases including options Raw land Farms Office buildings Shopping centers Trailer parks Retail stores TICs Marinas.

Yes, as long as you treat them as you would any other unrelated tenant, they must pay fair market rent.

Once you close on the purchase of the replacement property, any improvements made to the property will not be sheltered in the exchange or count towards the replacement property value. However, you can set up an Improvement Exchange where we act as the titleholder to the property while the exchange funds for construction are used. Doing this would allow you to include improvements made in the replacement property value.

There are two essential timing rules for 1031 exchanges, the 45-day rule, and the 180-day rule. 1031 exchange timelines require 45 days to identify your replacement properties, and you must close on all intended properties within 180 business days. The timeline starts at midnight following the day you close on your current investment property

STRATEGIC PARTNERSHIPS

We are proud to have long-standing relationships with the intermediary community and have a designated team supporting relationships with escrow officers, lawyers, accountants, tax advisors, investment consultants and corporate finance professionals.