
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.
|
|

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.
|
|

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.
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.
|