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Additional 1031 exchange considerations

By CORY NGUYEN, for 1031exchangerequirement.net 8/24/2007

Therefore, we feel the best approach is to not get carried away on predictions and forecasts. If the mortgage on the property you sell is less than the mortgage on the replacement property you purchase, you will have to pay tax on that difference unless you invest additional cash into the new property. Cash flow is generally paid monthly and is tax-sheltered via depreciation pass-through and interest deductions, and in many cases a portion of your net income is tax sheltered. Accordingly, rescissions are not performed very often, but where the conditions can be met they may be extremely beneficial for the Investor. In 2002 alone, 17000 oil and gas wells were permanently plugged with cement (13,600 oil wells and 3,900 gas wells). Let our knowledgeable team help YOU maximize YOUR investment properties wisely. A 1031 Exchange allows you to defer payment of taxes due.

Consult a tax professional

As is the case with cash boot, debt reduction boot can occur when a taxpayer is Trading down in the exchange. The seller recognizes capital gain in each year an installment payment is received. While there are 1031 TIC sales occurring outside of the SEC supervision, currently there is some controversy over these properties, and there may be a movement by the SEC to pull these properties under their regulatory umbrella. The empirical results provide strong evidence against market efficiency. An affiliate of the taxpayer can lease from the accommodation party and have full use and benefit of the new property, including the right to construct improvements. He decides that he wants to buy an apartment building in the college town for the son and other students to rent while they are in school.Taxpayers exchanging from multiple properties (such as single-family rentals) to a single property (such as an apartment building) or a whole property to a TIC can enjoy considerable reduction in the burdens of management.A Qualified Intermediary should be bonded and insured against errors and omissions and employee dishonesty.

Who to turn to when you have a problem

They would then identify their replacement property (as part of the deferred 1031 exchange) as the newly constructed property being held by the EAT. It is possible to sell hard real estate, such as an office building or an apartment complex and buy mineral interests as your replacement property. It is also not available for entities owning more than 1,000 barrels of oil (or 6,000,000 cubic feet of gas) average daily production. This is by far the most common form of 1031 exchanges done today. An inspector can pinpoint any major problems that need to be addressed before you even consider buying the building. Therefore, he arranges for an IRC 1031 Exchange, and buys the new property, thus avoiding the capital gain at that time.



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