As you investigate ways to manage tax liability in commercial real estate investing, you’ve encountered 1031 Exchanges and their promise to defer capital gains taxes. This delay in liability offers various benefits, like preserving equity as you restructure your portfolio.
What is the process that enables 1031 Exchanges to provide these advantages? The transaction follows a specific framework set by the IRS, and you’ll need to follow it closely to ensure that the exchange remains eligible for tax-deferral status. Realized 1031 shares what you need to know as a commercial real estate investor. Let’s take a closer look.
1031 Exchange Tax Deferral Commercial Real Estate: The Basic Rules
In commercial real estate investing, the threat of substantial capital gains taxes looms, especially when you’re planning property disposition or portfolio restructuring. A traditional sale is a taxable event, and the capital gains taxes you’ll be liable to pay will eat into your equity or proceeds.
A 1031 Exchange is a process that allows you to defer capital gains taxes. Also called a like-kind swap, this transaction lets you exchange properties of a similar nature without triggering an official sale. You get to preserve more of your capital and use the entirety of the gross proceeds to access a new property, geographic location, or industry.
While 1031 Exchanges offer significant tax-deferral benefits, there are various IRS rules for commercial 1031 exchanges that add to the complexity. Failing to comply with any of these basic rules will lead to the exchange falling through and immediate taxation.
- Like-Kind Assets: You can only exchange assets that are similar in nature, that is, held for investment or business use. Commercial properties qualify by default as they are unambiguously used to generate income.
- Deadlines: The entirety of the exchange must happen within a 180-day timeframe. Within this deadline is the 45-day identification period, which begins the day after the closing of the relinquished property’s sale.
- Qualified Intermediary: Investors must work with qualified intermediaries (QIs), as they are the entities that oversee the entire exchange. Plus, the QI handles funds instead of the investors to prevent the latter’s direct control.
- Reinvestment of All Proceeds: You must find a replacement property that has equal or greater value than the relinquished asset. Any leftover non-like-kind property, such as cash, will be considered taxable.
Understanding the Process of a 1031 Exchange for Commercial Real Estate
How should you conduct the 1031 Exchange to ensure compliance and maintain your tax-deferral eligibility? Whether you’re swapping an apartment complex, office building, or healthcare facility, here’s the process to follow.
Step 1: Engaging With a QI
Once you’ve determined that a 1031 Exchange is the best strategy for your investment goals, engaging with the QI is the first step. With them, you can begin planning the exchange and even pre-identify possible replacement properties to hasten the transaction.
Step 2: Sale of Relinquished Asset
This phase can follow the process of a traditional sale. What’s important is that the funds from the transaction cannot be deposited into your personal accounts. Instead, the buyer must send it to the QI, who will then hold it in escrow.
Step 3: Identification Period
After closing the sale of the replacement property, you must begin the identification period and finish it within 45 days. Submit the details of each prospective property to your QI to officially identify it.
Step 4: Negotiations and Closing
Purchasing the replacement property can work similarly to a traditional sale. The difference is that the QI transfers the funds to the seller instead of you doing it. After the transfer is over and the sale is closed, the exchange is officially finished.
Step 5: Exchange Reporting
Within the tax year of the exchange, you must report it through Form 8824. Fill out details such as the gains deferred, details of the properties, and other required information.
By following these basic steps, you stay compliant with IRS guidelines and maintain tax-deferral eligibility.
There are additional considerations for exchange variation, such as Delaware Statutory Trusts (DSTs), reverse exchanges, and tenancy-in-common arrangements. Work with an experienced CPA or 1031 Exchange professional for guidance regarding these other types.
Final Thoughts: 1031 Capital Gains Deferral for Commercial Property
A 1031 Exchange serves as a powerful tax management tool for commercial real estate investing. As you defer capital gains and preserve more of your capital, you can acquire higher-value properties and enter new markets without being restricted by possible tax liability. With the instructions and requirements we shared above, you’ll have a more in-depth understanding of how these transactions work and how to leverage them to your advantage.
Sources:
https://www.ftb.ca.gov/pay/withholding/qualified-intermediary.html
