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Tax Reform May Eliminate 1031 Exchanges & Mortgage Interest Deduction
Part 1 in the Realized Series "2017 Tax Reform Impact on Real Estate"
Fractional 1031 Investment Benefits
Real estate investors contemplating a 1031 exchange must make many decisions regarding their choice of replacement property. Investors must determine the type of property, location of the asset, and whether or not to reinvest into multiple assets. Investors then have to thoroughly evaluate their options and select just a few potential choices -- all within 45 days from selling their investment property!
Pros and Cons of a 1031 Exchange
A 1031 exchange is a tax-deferred exchange of one investment property for another. The IRS permits investors to sell an investment property and defer capital gains, provided they reinvest the proceeds into a replacement property. If you are currently investing in real estate, this probably seems intriguing. In determining if a 1031 exchange is right for you, consider the following pros and cons:
Is a Reverse 1031 Exchange Right For You?
You find a property that you really want to purchase, but you know you have to move quickly to take advantage of the investment opportunity. The problem is you haven’t sold your existing property yet. A Reverse 1031 Exchange might be the answer and could save you thousands of dollars in capital gains taxes.
7 Things You Need to Know About 1031 Exchanges
Like-kind 1031 exchanges are widely used by real estate investors to create and preserve wealth. In simple terms, §1031 of the US tax code allows you to defer paying capital gains taxes, and what’s called "recapture" on the profits from selling a property, provided they are “exchanged” (i.e., reinvested) into another like-kind property.
What Are Fractional 1031 Replacement Properties?
When we here at Realized use the terms “fractional 1031 properties” or “fractional 1031 investments,” we are NOT referring to timeshares, shared vacation home arrangements or other “fractional interest” properties. For Realized, “fractional 1031 investments” refers to co-ownership in one or more properties by multiple 1031 exchange investors. Two ownership structures have been approved by the IRS for Fractional 1031 Investments, the Delaware Statutory Trusts (DST) and Tenants-in-Common (TIC). Realized coined the term Replacement Property Interests (RPI)™, which has the same meaning.
1031 Exchange Rules Explained
If you know anything about the IRS, it’s that they love making rules. Unfortunately for most of us, they don’t always make them easy to understand. A 1031 exchange is a major financial transaction for most investors, and given the consequences, one where you want to play by the rules. Let’s break down the key 1031 exchange rules in layman’s terms:
Replacement Property Options for 1031 Exchange Investors
As you may have already figured out, a 1031 exchange offers real estate investors a powerful tool to build wealth by deferring capital gains and depreciation recapture taxes when they sell an investment property. Investors accomplish this by reinvesting the proceeds from the sale of a property into another qualifying real estate investment.
Three Notable Problems with 1031 Exchanges
There are many rules and regulations that govern the completion of a 1031 exchange, which often make the process nerve racking for investors. Fortunately, there are many resources available to investors, including the Realized guidebook on the 1031 exchange process. Below are three common challenges of 1031 exchanges and potential solutions for each.
History of the 1031 Exchange
If you're just learning about 1031 exchanges, a good place to start is section 1031 of the Internal Revenue Code (IRC), which states that if an investment property is exchanged for a “like-kind” investment property, taxes on capital gains can be deferred. For this reason, a 1031 exchange is an excellent wealth-building strategy, leaving investors with more equity to reinvest in more valuable properties.
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