This calculator will help you to determine how much tax deferment you can realize by performing a 1031 tax exchange instead of a taxable sale. We also offer a 1031 deadline calculator.
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Are you a real estate investor looking to defer capital gains taxes when selling your next property? Well, you're in luck! With the 1031 exchange tax deferral strategy, you can do just that, even as a newbie real estate investor.
In the following sections, we'll review all you need to know about 1031 exchanges, their pros and cons, and when you should consider doing a 1031 exchange.
You may have heard of the terms; like-kind exchange, starker exchange, deferred 1031 exchange, or even delayed exchange. But they all point to one term: 1031 exchange.
So, what is a 1031 exchange?
A 1031 exchange is a useful tax saving tool that allows you to avoid paying capital gains taxes when you exchange an investment property used "for productive use in a trade or business" or for investment and reinvest the proceeds in similar real estate within certain timeframes.
Here's how it works:
When you sell an investment property, you can defer paying capital gains taxes by using the sale proceeds to buy replacement property or properties of "like-kind." The IRC Section 1031 defines like-kind properties as properties with the same nature or character, even if they differ in quality or grade. For example, you can exchange vacant land for a commercial building.
Here are some examples of properties that qualify for a 1031 exchange:
While your replacement property may qualify as like-kind, to complete a 1031 exchange, there are several requirements that you and your property must meet to reap the benefits that come with doing a like-kind exchange.
There are four main types of 1031 exchanges that you should be aware of:
1
Simultaneous exchange: In this type of exchange, both the relinquished property and the replacement property are closed simultaneously, meaning they are bought and sold on the same day.
2
Delayed exchange: With a delayed exchange, you first sell the relinquished property and then acquire the replacement property within a specified timeframe, usually within 180 days.
3
Reverse exchange: In a reverse exchange, you acquire the replacement property before selling the relinquished property. And the acquired property must be held in a separate entity, such as a separate LLC, and you cannot own both properties simultaneously.
4
Build-to-suit exchange: Also known as improvement exchange, this type of exchange allows you to use the sale proceeds of your old property to construct or improve a replacement property within the 180 days’ timeline.
Before doing a 1031 exchange, it is important that you fully understand the various types of exchanges and their set of rules and choose the one that works best for your situation.
To help you understand how a typical 1031 exchange process works in reality, here is a detailed example:
Selling the property without doing a 1031 exchange:
In this particular example, you are tired of owning the property and decide to sell it outright without doing a 1031 exchange. By deciding to sell the property, the IRS requires you to pay capital gains tax on the sale, which would be: Sale price ($4,000,000) minus cost basis ($2,000,000), which equals gain ($2,000,000).
Since you made a gain, you'll need to pay capital gain taxes on the realized gain. That is, realized gain ($2,000,000) multiplied by the 20% capital gains tax rate, which equals $400,000. So, by outright selling your property without doing a 1031 exchange, you are liable for a capital gain tax of $400,000 plus other tax liabilities.
Selling the property using a 1031 exchange:
Now, in this scenario, you decide to sell the property using a 1031 exchange to avoid paying over $400,000 in capital gain taxes. Firstly, you will need to sell your current property and send the sale proceeds of $4,000,000 directly to a qualified intermediary.
Next, you have 45 days from the sale of your old property to identify a replacement property or properties. Using the three property rules, you identified, a $4 million multifamily property, a strip mall for $4.5 million, and an apartment building for $3.5 million.
Finally, within 180 days of the sale of your old property, you will need to take one of the following actions:
If you're keen on doing a 1031 exchange, there are several rules and timelines you must know when identifying your potential replacement properties. These rules and timelines cut across the various exchange types and can either make or mar your exchange.
Calculate Your Transaction Deadlines
Use our 1031 deadline calculator to figure your deadlines.
Knowing when to do a 1031 exchange is important for the success of your transaction. Here are several situations when you should consider doing a 1031:
Like any other financial investment, doing an exchange comes with its fair share of pros and cons. Here are some of the advantages:
However, there are also a few drawbacks you should consider:
If you're considering a 1031 exchange, it's important to carefully evaluate the pros and cons to determine if it's the right decision for you.
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