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Our 1031 Exchanges
Our 1031 Exchanges A real estate exchange differs from a real estate sale in that an exchange involves at least two properties, two acquiring parties and two disposing parties. A sale usually involves one buyer, one seller and one property. In reality exchanging is a completely different real estate philosophy. Investors are always aware of many alternative marketing methods and are very often able to achieve vastly superior results because of this type of creativity. An exchange is used instead of a sale for one of two distinct and separate reasons: to defer taxes or to increase the marketability of a problem property. And, properly managed, an IRS Section 1031 Tax Deferred Exchange will generally improve the sellers overall position considerably. A real estate exchange is one of the most valuable tools available to the investor and firms such as CRF who are able to structure a real estate exchange may save or earn a client vast sums. 1031 EXCHANGE BASICS A 1031 Exchange is an IRS-authorized process where like-kind business or investment property is exchanged without immediate tax liability to the property owner (Exchangor). While the 1031 Exchange is most commonly used for real estate transactions, other depreciable assets (office equipment, cars and aircrafts) and non-depreciable assets (some patents, software, and trademarks) may qualify for exchange as well. The IRS requires a neutral third party, known as a facilitator, qualified intermediary (QI) or accommodator to be used for facilitating the 1031 Exchange. Please email us at exchange@crfllc.com or fill out the form below for more information.
WHY CONSIDER AN EXCHANGE? As a property owner or business owner, the 1031 Exchange is a powerful investment tool. Property that is sold or transferred for gain can be subject to taxation. Those taxes can add up quickly depending on the type of property, how long it was owned, state taxes, capital gains, depreciation and the owner's tax bracket. As a property seller, you may be liable for taxes that add up to 40% or more. A 1031 Exchange gives the Exchangor the ability to keep all of the property's equity for re-investment, allowing the Exchangor the opportunity to acquire a replacement property with better cash flow, less management, a more desirable location and other such investment goals. WHAT QUALIFIES? Property held for productive use in a trade, business or for investment may be exchanged for like-kind property. For real estate, like-kind property is widely defined as real property located in the United States and some of its territories. A single-family rental can be exchanged for a duplex, raw land for a shopping center, or an office building for apartments. Any combination will work. Real property and personal property are not like-kind to one another. A commercial building may not be exchanged for an airplane, a single-family rental for a licensed timeshare, or raw land for heavy construction equipment. Personal property is evaluated based upon its nature and character, its General Asset Class, and NAICS classification. A school bus may be exchanged for a metro bus, a barge for a tugboat and a fleet rental car for a taxi.
WHAT DOES NOT QUALIFY? In 1986, the IRC 1031 was revised to exclude some property interests from being exchanged. These property interests include: a personal residence (although the portion of the residence that qualifies for business or investment use—i.e., a home office—may be exchanged), stock in trade, stocks, bonds, notes, securities or other evidence of indebtedness, partnership interests and the goodwill of a company. Property held primarily for sale is also excluded. Examples of real property that may fall within this category include: developed lots, property held for resale, property sold immediately after acquisition or completion of improvements, speculation homes and fixer-type properties that are not rented out. Examples of non-real property include business inventory, such as cars for a car dealership or computers by a computer manufacturer. Although IRC 1031 does not address vacation homes (or second homes), Revenue Procedure 2008-16 provides that vacation homes may qualify depending on the Exchangor's use and tax treatment of the property. Tax Deferral – Our real estate investment options include numerous investment real estate solutions that qualify and address more attractive replacement properties for an IRS Section 1031 Tax Deferred Exchange, as well as investments in real estate assets utilizing the rollover features of self-directed IRAs and 401k retirement accounts.
Tenants-in-Common Known as TIC Ownership Tenants-in-Common ("TIC") Ownership – is a form of real estate ownership in which two or more persons have an undivided, fractional interest in real property. Ownership shares are not required to be equal, and ownership interests can be inherited. Each co-owner receives an individual deed at closing for his, her or its undivided percentage interest in the asset. A TIC structure allows the average person to enjoy ownership in commercial property or undeveloped land with a minimum purchase amount. Investment in a TIC can be structured through an IRS Section 1031 Tax Deferred Exchange, a rollover of under performing IRA and 401(k) retirement accounts or a direct cash investment. Non-U.S. investors initially invest in a TIC through a direct cash investment using a U.S. LLC or Corporate structure. Thereafter, an IRS 1031 Tax Deferred Exchange can be used to upgrade or expand the non-U.S. investor's real estate portfolio. Please email us at tic@crfllc.com or fill out the form below for more information.
Please call 720-331-8630 or email us at 1031@crfllc.com or fill out form below for more information:
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