Which of the following could an investor who sells an apartment house buy using a 1031 exchange?

Pokémon are suddenly taking over the world. Why the staggering hype with Pokémon? Pokémon Go is a new mobile game that blends real and digital worlds together using your phone’s location services and camera so that you can catch virtual Pokémon in real life. The game is simple yet deceptively complex. There’s strategy involved, similar to using a 1031 Exchange to defer your taxes. And with 1031, like Pokémon Go, you want to catch them all — opportunities that is.

Opportunities are key with your investments. Just like how CFOs and financial planners reassess stock portfolios, real estate investment portfolios should also be reviewed periodically. Why? Because as the real estate market changes, new opportunities become available and financial objectives shift. Depending on your personal circumstances or the circumstances of your business, it may be a good time to reposition a portfolio utilizing a 1031 Exchange. Consider the following points to help determine if a 1031 Exchange makes sense for you/your client:

  1. Appreciation
  2. Depreciation
  3. Cash-flow
  4. Diversification
  5. Tax Deferral
Appreciation

Due to an increase in demand, there is a good chance your property has appreciated. Your property may be at or close to maximum appreciation. A 1031 Exchange may be a great opportunity to defer your capital gains taxes and use the equity to purchase property with more appreciation potential.

Depreciation

Every year that commercial/investment property is owned, you are eligible for depreciation deductions on your tax return until your property is fully depreciated. The recapture tax that is typically due when the property is sold is deferred by structuring the transaction as a 1031 Exchange.

Cash Flow

Your apartment building, single family rental or other investment property may not be yielding you the largest return. A 1031 could increase cash flow opportunity by exchanging into a different investment property or a more passive income growth DST.

Diversification

Many people think that once they sell a property, they must remain in the same type of property to satisfy the IRS’s requirement of like-kind. Not true. A taxpayer can purchase any type of real property for replacement property. In other words, a taxpayer can sell a single family rental home and purchase an apartment building or sell farm land and purchase a condo. A 1031 gives you opportunity to maximize diversification.

Tax Deferral

Stimulating new and leveraging more investment with 1031 tax deferral is a powerful tool used to preserve equity and strategically build wealth for inheritance.

Summary

In summary, through a 1031 Exchange, an investor can sell investment property and accomplish a number of tax and investment goals. A 1031 Tax Deferred Exchange permits the investor to defer federal capital gains tax, depreciation recapture tax, investment income tax imposed by the Affordable Health Care Act and state tax. The investor can buy property with improved cash-flow, and if encumbered, it will provide an interest deduction. If the replacement property is greater in value than the relinquished property, then depreciation deductions will also be available for the increased basis. Additionally, because multiple properties can be acquired through a single exchange, the investor can diversify the real estate portfolio, thereby hedging the investment risk inherent in a single property, or alternatively sell multiple properties to combine into one replacement property.

In our world today, virtual Pokémon are invading. For 1031, keep your game real and maximize your investment opportunities by capturing the strength of 1031 benefits. Take the time to review your investment real estate portfolio. If repositioning a real estate portfolio is for you, the valuable opportunities of a 1031 Exchange should definitely be considered. Be strategic and go catch ‘em all!

Investment Property Exchange Services, Inc. (IPX1031) is a Qualified Intermediary providing a full range of tax deferred exchange services across the country including forward, reverse and build-to-suit transactions. 1031 Exchanges are all we do here at IPX1031, so we know all the ins and outs of the safe harbor regulations. We pride ourselves on not only being the industry leader in service and security, but also strive to be your valued information resource. As the nation’s largest 1031 Intermediary, IPX1031 has offices throughout the country and a highly skilled team of exchange attorneys, CPAs, coordinators and sales executives to provide quick answers and guidance. We look forward to helping you and/or your clients maximize qualifying investments through a 1031 Exchange strategy.


New and experienced investors continue to take advantage of the 1031 tax-deferred exchange. With the strong economic growth and property appreciation that we have seen in many areas throughout the county over the past several years, it makes good sense.  Aside from giving the investor a tremendous increase in purchasing power, a 1031 exchange can also provide the benefits of leverage, consolidation, diversification, management relief, and increased cash flow and income.

LEVERAGE

Investors can take advantage of the 1031 tax-deferred exchange to acquire a more valuable investment property.  By utilizing the money they would have paid to the IRS in taxes, they can increase their down payment and improve their overall buying power to acquire a more expensive replacement property.  Thus, leveraging their cash and continuing to build wealth through real estate investment.

CONSOLIDATION/DIVERSIFICATION

With the flexibility of an exchange, an investor may exchange one property for several others, consolidate multiple properties into one, and acquire property anywhere within the United States.  For example, an investor can exchange two duplexes for a retail strip center, or take advantage of a new growth area by exchanging one property in California for three properties in Arizona.

MANAGEMENT RELIEF

Investors that own several rental properties are often faced with the burdens of intensive management and costly maintenance - which often leads to increased headaches!  An investor can increase profits and decrease time and effort by exchanging out of high maintenance rental properties and consolidating into an apartment building or NNN leased investment.

INCREASED CASH FLOW/INCOME

Cash flow and overall income can both be increased through a 1031 tax-deferred exchange.  For example, a vacant parcel of land that generates no cash flow or depreciation benefits can be exchanged for a commercial building that does.

INCREASED PURCHASING POWER

The following numbers illustrate the financial power of a 1031 exchange.
 

Capital gain is taxed at a maximum capital gains tax rate of 20% and depreciation is recaptured at 25% (for individual taxpayers).  In this example, the total taxes due would be: $76,750 (25% of $35,000 and 20% of $340,000).  Additionally, most states have a state capital gain tax that would be deferred through the 1031 tax-deferred exchange for increased purchasing power!
 

Original Cost (Basis)

$100,000

Plus Capital Improvements

$20,000

Less Depreciation

$35,000

Equals Adjusted Basis

$85,000

Sales Price

$500,000

Less Adjusted Basis

$85,000

Less Costs of Sale

$40,000

Equals Capital Gain

$375,000

Funds available for reinvestment w/o exchange (not including state capital gains due)

$383,250

Funds available for reinvestment w/1031 exchange

$460,000


If this investor decides to purchase a new property using all cash, the investor has an additional $76,750 to reinvest by utilizing a 1031 tax deferred exchange. If the investor decides to get a loan and the lender requires a 60% loan to value ratio, the values of a potential replacement property break down as follows:
 

Funds for reinvestment with 1031 Exchange:

Funds available with no 1031 Exchange:

Cash:

$460,000

$383,250

Plus new loan (with 60% LTV):

$306,667

               $255,500

Total Price for new investment:

$766,667

$638,750

Using the cash as leverage, the investor has an additional $127,917 of purchasing power.

It’s easy to see why a 1031 is a valuable tool for real estate investors. Have you spoken with your advisor and First American Exchange to set up yours?

What is not allowed in a 1031 exchange?

Under IRC §1031, the following properties do not qualify for tax-deferred exchange treatment: Stock in trade or other property held primarily for sale (i.e. property held by a developer, “flipper” or other dealer) Securities or other evidences of indebtedness or interest. Stocks, bonds, or notes.

What are some of the benefits of using a 1031 exchange?

Tax Benefits A 1031 exchange allows you to defer capital gains tax, thus freeing more capital for investment in the replacement property. In a 1031 tax deferred exchange type of transaction, you sell one property and defer the payment of capital gains taxes by acquiring a replacement property or properties.

Who can participate in a 1031 exchange?

Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031.

What is an example of a 1031 exchange?

For example, raw land can be exchanged for an office building, a warehouse can be exchanged for NNN retail property, or a rental house for a Replacement Property Interest in a 300-unit apartment complex. Properties can be located anywhere in the US.

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