The Internal Revenue Code §1031–Exchange of Real Property Held for Productive Use or Investment”-- if suitable, can be a viable tool for helping you defer capital gains taxes and depreciation recapture when selling investment real estate. Furthermore, exchanging your relinquished property for a replacement property potentially enhances the value of your investments and your portfolio.
The IRS has strict regulations regarding compliance with 1031 exchange rules, of which one is identifying replacement properties. Failure to follow these rules could result in a failed exchange.
There are three such identification requirements:
The three-property rule is most commonly used in a like-kind exchange. It can also be helpful if you like backup options when identifying replacement properties.
As suggested by its name, the three-property rule lets you identify up to three potential replacement properties regardless of their market value. To comply with this rule, you must:
Depending on the strategy you implement, you could end up with one of the replacement properties or all three.
As mentioned above, identifying three replacement properties can offer a valuable backup. If one of the three falls out of escrow, two others remain. This also boosts the possibility of completing the exchange within the 180-day timeline.
Other advantages include the following:
Flexibility and diversification: The rule doesn’t tie you to a property’s specific value, allowing you to explore and target different asset types. The result could help improve your portfolio’s value while potentially spreading risk.
Simpler process: While the three-property rule provides backup options, it’s also easier to manage, especially compared to other identification rules. Compliance with this regulation means you only need to consider three properties.
Using the three-property rule to identify a replacement property can be advantageous. Doing so can also lead to the following possible disadvantages.
Limited options: The specifics of this rule could shrink the pool of potential investments. You’re limited to three replacement properties, which could restrict your choices. Depending on the market competition, you might also pay a higher price for one or more of the assets.
Rushed decision-making: The strict timelines of a 1031 exchange can be problematic for the three-property identification rule. If the 45-day deadline is fast approaching, you might feel pressured to select one of the three, even if it might not be the best for your investment purposes.
Missed opportunities: You might ignore better assets because you can identify only three properties under this rule. The only way to consider additional property is to consider the 200% or 95% rule. These alternatives come with their own restrictions, such as value limits or mandatory acquisition requirements.
An important aspect of a successful 1031 exchange is identifying the right replacement property. The three-property rule is one method used for this. The process can provide backup options while assisting in portfolio diversification.
Before embarking on a like-kind exchange, assemble a team of professionals who are familiar with the procedure and can help guide you. The experts at Realized 1031 have decades of experience facilitating 1031 exchanges and are ready to work with you and ensure your success.
For more information or to set up a no-obligation consultation, visit the Realized 1031 website at realized1031.com.
The tax and estate planning information offered by the advisor is general in nature. It is provided for informational purposes only and should not be construed as legal or tax advice. Always consult an attorney or tax professional regarding your specific legal or tax situation.