1031 Exchange Resources
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Introduction to
1031 Exchange Topics
Tax Deferred Exchange Basics

How an investor can use a 1031 Exchange to build wealth and save taxes.

Exchange Terminology

The following are some of the exchange terms and phrases that are often used within the industry.

Exchange Planning

Do's and Dont's of an Exchange

Vesting Issues

A replacement property must be held in the same manner as title to the relinquished property

Like Kind Property

Examples of Like-Kind Property

Exchange Deadlines

Delayed Exchange Deadlines and Property Identification Requirements

Boot

“Boot” is a term which refers to the items of personal property and/or cash that is necessary to even out an exchange.

Tax Season Issues

Exchangers must report their exchange on the tax return for the year in which the exchange begins.

Qualified Property

What Property Qualifies For IRC §1031 Treatment

Safe Harbor Limitations

IRC §1031 establishes four “safe harbors.”

Closing Costs

Situations surrounding closing costs.

Disaster Extensions

Disaster Relief Extensions for Exchange Deadlines

Foreign Property

Foreign property is considered to be of like-kind to other foreign property.

Exchanging with Related Parties

Exchanges between related parties are allowed but the Exchanger must follow specific rules.

Disqualified Party Issues

To satisfy the necessary "safe harbor" requirements the Exchanger must retain a Qualified Intermediary.

  Exchanges Explained
1031 Tax Deferred Exchanges In-Depth
The Delayed Exchange

The delayed exchange provides Exchangers with more flexibility and options in acquiring the replacement property than the simultaneous exchange.

The Simultaneous Exchange

In a simultaneous exchange, the old property and the new property are transferred concurrently.

The Build-To-Suit Exchange

The build-to-suit exchange, gives the Exchanger the opportunity to use all or part of the exchange funds for construction.

The Reverse Exchange

In a reverse exchange the Exchanger must acquire their like-kind replacement property before disposing of a relinquished property.

Mixed Use Exchanges

Certain other interests in real property may be exchangeable as replacement property.

Personal Property Exchanges

Deferring capital gain and other taxes through an IRC §1031 tax deferred exchange is also available for personal property.

Land Sales Contracts

An agreement between the Seller and the Buyer for the purchase of property in which the payment is deferred.

Refinancing Situations

Refinancing to pull equity out of a property prior to or after completing a tax deferred exchange can result in a taxable transaction.

Seller Financing and Exchanges

In most cases, it is preferable for the Exchanger to receive all cash for the sale of the relinquished property...

Tenancy in Common Interests

Exchangers engaged in a like-kind exchange of real estate often face difficulty in finding replacement property to complete their exchange.

Master Like-Kind Exchange

This program offers several benefits to companies with regular and repetitive turnover of business assets.

Property Held for Resale

The intent by the taxpayer to hold property "primarily for sale" will prevent the property from qualifying for IRC §1031.

Multiple Asset Exchanges

Many times Exchangers own property that consists of both real and personal property, such as a hotel or restaurant.

  Exchange Components
1031 Tax Exchange Processes Explained
Role of a Qualified Intermediary

The use of a Qualified Intermediary is essential to completing a successful IRC §1031 tax deferred exchange.

Waterford 1031 Guarantee

We are committed to bringing you the best quality service possible and guarantee 100% satisfaction.

Non-Tax Reasons to Exchange

There are many additional underlying reasons an investor might want to exchange one property for another.

Your Attorney as Accommodator

An IRC 1031 tax deferred exchange can fail if the Exchanger has "actual or constructive receipt" of exchange proceeds or other property.

Initiating an Exchange

Find an experienced professional Qualified Intermediary to assist you with the exchange as early in the sale process as possible.

Code and Legal References
Sec 1.1031(a)-1

Property held for productive use in trade or business.

Sec 1.1031(a)-2

Additional rules for exchanges of personal property.

Sec 1.1031(b)-1

Receipt of other property or money in tax-free exchange.

Sec 1.1031(b)-2

Safe harbor for qualified intermediaries.

Sec 1.1031(c)-1

Non-recognition of loss.

Sec 1.1031(d)-1

Property acquired upon a tax-free exchange.

Sec 1.1031(d)-1T

Coordination of section 1060 with section 1031.

Sec 1.1031(d)-2

Treatment of assumption of liabilities.

Sec 1.1031(e)-1

Exchange of livestock of different types.

Sec 1.1031(j)-1

Exchanges of multiple properties.

Sec 1.1031(k)-1

Treatment of deferred exchanges.

 

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