Tax season can be a confusing time of year. As a first time Delaware Statutory Trust (DST) investor, you’ll have an extra layer of confusion to deal with. This article is meant to give you a heads up on what to expect at year-end when it comes to DST tax documents.
Every real estate transaction involves several interested parties: a buyer, seller, broker, mortgage lender, a Qualified Intermediary (in the case of a 1031 exchange), and a title company. Most people who have participated in a real estate deal are familiar with the roles of each of these parties, but they may not be as familiar with that of the title company.
When an individual sells property in the United States, they must pay taxes on that earned income. This tax applies to foreign investors who sell property in the U.S. as well. In fear that foreign investors won’t file tax returns, the IRS requires that a withholding tax be held — which can be thought of as an ‘advance tax payment.’ This requirement is enacted through FIRPTA, which stands for the Foreign Investment in Real Property Tax Act.
Many changes can take place during the 1031 exchange process. Perhaps the deal falls through on the identified property, or the exchanger decides not to move forward with the exchange altogether. Whatever the case may be, the next question an exchanger will inevitably ask is: when can I get my money back?
You have just closed on your property and are looking to execute a 1031 exchange. Per IRS regulations, you need to establish a Qualified Intermediary (QI) and record another expense to complete the transaction. Although many other fees related to the transaction are standard and well-defined, it can be frustrating to gauge the cost for the services of a Qualified Intermediary. In order to understand what amounts to an appropriate fee owed to a QI, it is important to consider the services the QI provides and the risks it encounters in helping to execute a 1031 exchange.
Consider this scenario for a moment: you recently sold a property and are preparing to enter into a 1031 exchange. You have everything in place, but soon learn that it is required to establish a Qualified Intermediary (QI) to complete the exchange – per IRS regulations. Who do you turn to?
In previous articles, we have discussed the importance of using a Qualified Intermediary in a 1031 exchange. A Qualified Intermediary plays an integral role in creating a smooth exchange process and making sure that you meet the IRS guidelines. There are a variety of duties they are responsible for handling, ranging from preparing relevant documentation to holding thousands (or even millions) of dollars in proceeds in an insured account. In this article, we will discuss the various duties of a Qualified Intermediary so that you can ensure they are truly doing their part on your behalf.
When an investor approaches the 1031 exchange process, they are greeted by a variety of choices. One of the most important of these is selecting a Qualified Intermediary—also known as a 1031 Exchange Accommodator. These parties have three primary responsibilities, which are intended to ensure compliance with the IRS’s rules in a 1031 exchange. These responsibilities are:
A nice benefit of real estate investment is all the potential tax benefits. A well-thought-out real estate strategy can generate tax-sheltered or even tax-free cash flow for years. However, as any seasoned real estate investor will tell you, there are times when real estate investments generate losses whether from the aggressive use of allowed depreciation (good) or some vacancy or rental loss (bad). Common sense might dictate that those losses could be deducted in the year they occur, but because real estate income losses are always subject to the Passive Activity Loss (“PAL”) rules of the IRS, this is not always the case.
Are you currently in a 1031 exchange or contemplating beginning an exchange before the end of the year? If you sold or are planning to sell investment property between October 17, 2017 and December 31, 2017, you should plan on filing IRS Form 4868 - Application for Automatic Extension of Time to File U.S. Individual Income Tax Return on or before April 15, 2018.