Who Holds the Proceeds in a 1031 Exchange?
In a 1031 exchange, the investor typically works with a qualified intermediary (QI), also known as a facilitator, who acts as a neutral third party to facilitate the exchange. The QI plays a crucial role in the exchange process, as they hold the proceeds from the sale of the relinquished property and facilitate the purchase of the replacement property.
Can You Refinance a Fixed Rate Mortgage?
The mortgage industry is volatile at almost any time, whether rates are increasing or falling. When rates are lower, homeowners are more likely to consider refinancing their mortgage loan to take advantage of lower payments. Consumers may be more attracted to adjustable-rate products when the rates rise. CNBC reported that refinancing applications in February 2023 were 76 percent lower than in the same week in 2022.1
How Often Does the IRS Audit 1031 Exchanges?
The 26 U.S. Code § 1031 – aka the 1031 exchange or like-kind exchange – can be a good strategy to help defer capital gains taxes on the sale of real property. But as mentioned in a previous blog, very stringent rules exist when it comes to conducting this type of exchange. Playing fast and loose with in-stone deadlines, property values, or other factors could wave a red flag at the IRS.
How is a Taxable Gain on an Installment Sale Taxed?
Installment sales have favorable tax treatment, making them attractive for certain sellers. Rather than receiving proceeds from the sale of an investment property at once, the seller receives payments over time. For those who value tax benefits over the immediate need for cash, an installment sale can work in their favor.
Does a Tenancy in Common Need to Be Filed in Court?
Many legal structures exist when it comes to real estate ownership. There’s sole ownership, joint tenancy, partnerships, and corporations, just to name a few. Then there is tenancy-in-common, sometimes known as tenants-in-common.
Does a 1031 Exchange Need to Be in the Same Name?
When we discuss the specific provisions governing the execution of a 1031 exchange, sometimes we neglect to mention that the reason the IRS allows this transaction is in recognition of the ongoing nature of the investment. This fact is worth considering since the IRS created some rules to test that status. For example, the deadlines for identifying the replacement property and consummating the acquisition can demonstrate that the taxpayer is traveling down a path rather than completing one investment and engaging in another. Similarly, the limitation on eligibility to “like-kind” investments is a testament to the ongoing endeavor. The IRS further upholds this condition by requiring the taxpayer's identity to remain the same.
What are the Benefits of an Installment Sale to the Seller?
Selling real estate at an appreciated value can generate a good-news, not-so-good-news scenario. The good news is that selling real estate at a higher amount than what you bought it for can mean profit. The not-so-good-news is that this profit – or capital gains – will be taxed, based on your specific tax bracket.
What is a Starker Exchange?
Like most tax topics, the 1031 exchange has a history of changes, primarily due to various legislative and judicial actions. The essential foundation of this tax-deferral strategy is that when investors reinvest the proceeds from selling an asset, they extend the original investment rather than taking their profit and transforming it into spendable cash. As a result, the IRS allowed investors to trade one property for another without paying the applicable capital gains tax.
What is the Federation of Exchange Accommodators (FEA)?
For real estate investors planning to use a 1031 exchange to defer capital gains and depreciation recapture taxes, it’s vital to follow the rules closely to avoid disqualification of the transaction. The 1031 exchange is a potentially valuable deferral tool, so the IRS expects full and transparent compliance with the regulations. Prominent among the requirements are the following:
What are the Different Kinds of Rental Property Loans?
Your path as a real estate investor may take various routes, depending on your resources and goals. Many people begin when they decide to change their primary residence. Instead of selling their current home when they acquire another, they may repurpose the initial residence into a rental property. Similarly, when your equity in a home increases, you may use that appreciation as a down payment on an investment property. Whether starting from scratch or with a saved down payment, you will probably need financing at some point.
