Quick Answer: Do I Need A Lawyer For A 1031 Exchange?

How long do I have to hold a 1031 property?

Again, there is not a tax code mandate of one year, but it may be that the IRS would like to see at least a one-year hold.

The only minimum required hold period in section 1031 is a “related party” exchange where the required hold is a minimum of two years..

Can I file 1031 after closing?

That’s 180 days starting from the date the property has been relinquished. It’s also important to avoid receiving actual or constructive receipt of funds at closing. … Both actual or constructive receipts are treated as a taxable sale by the IRS, which means a 1031 exchange will not be possible.

What paperwork is needed for a 1031 exchange?

A Deed, Bill of Sale, Invoice and or license are required to solidify the transfer of the exchanged properties. A Settlement Statement is required to illustrate the correct amount of funds coming into the exchange as well as proof the funds are appropriately being utilized to acquire the Replacement Property.

When can you not do a 1031 exchange?

Another reason someone would not want to do a 1031 exchange is if they have a loss, since there will be no capital gains to pay taxes on. Or if someone is in the 10% or 12% ordinary income tax bracket, they would not need to do a 1031 exchange because, in that case, they will be taxed at 0% on capital gains.

Can you 1031 a primary residence?

A 1031 exchange generally only involves investment properties. Your primary residence isn’t typically eligible for a 1031 exchange. Even a second home that you live in some of the time is ineligible if you don’t treat it as an investment property for tax purposes.

How many times can you use 1031 exchange?

There’s no limit on how many times you can do a 1031. You can roll over the gain from one piece of investment real estate to another, then another and another. You may have a profit on each swap, but you avoid tax until you actually sell for cash. But be careful and do it right.

Is it worth doing a 1031 exchange?

The 1031 exchange can be a great tool to increase your cash flow by deferring taxes. Savvy real estate investors have used it for decades. Through a properly executed 1031 exchange, you can legally delay paying taxes on investment gains when you sell a qualified property.

Can you buy 2 properties 1031 exchange?

An exchange of multiple properties or assets can be a tax-deferred like-kind exchange. A 1031 exchange of multiple properties or assets occurs if there is one or more relinquished properties being sold and transferred and/or one or more like-kind replacement properties being identified and acquired.

Who can help with a 1031 exchange?

A qualified intermediary is a person or company that agrees to facilitate the 1031 exchange by holding the funds involved in the transaction until they can be transferred to the seller of the replacement property. The qualified intermediary can have no other formal relationship with the parties exchanging property.

How do I set up a 1031 exchange account?

The 10-Step Process to Perform a 1031 ExchangeDecide to sell and do a 1031 exchange. … List your property for sale. … Begin looking for replacement properties. … Find a qualified intermediary. … Negotiate and accept an offer. … Close on the sale of your relinquished property. … Identify up to three properties within 45 days. … Sign a contract on the first-choice property.More items…

What property qualifies for 1031 treatment What are some examples?

Qualified “Like-Kind” PropertyRaw land or farmland for improved real estate.Oil & gas royalties for a ranch.Fee simple interest in real estate for a 30-year leasehold or a Tenant-in-Common interest in real estate.Residential, Commercial, Industrial or Retail rental properties for any other real estate.More items…

Can you rent a 1031 exchange property to a family member?

It can be rented to a family member as a principal residence so long as market rent is paid. In order to qualify for the Section 121 exclusion of gain, you must use the home as your principal residence for at least 2 of the last 5 years prior to its sale.

What happens when you sell a 1031 property?

A 1031 exchange allows an investor to sell a real estate asset and purchase a “like-kind” asset without paying capital gains taxes on the sale — even if they made a massive profit. … That means the deferred capital gains tax on the property you sell will become due when the replacement property is sold.

Do you need an attorney for a 1031 exchange?

IRS regulation requires a Qualified Intermediary to properly complete an exchange. Regulations under IRC Section 1031 disqualify any attorney, broker, accountant or real estate agent who provides routine service to the taxpayer from holding exchange funds.

What are the fees for a 1031 exchange?

Institutional Qualified Intermediaries, like Exeter 1031 Exchange Services, LLC, typically charge a set-up or administrative fee in the range of $850.00 to $1,200.00 for each 1031 Exchange transaction.

Can I do 1031 Exchange myself?

You can’t complete a 1031 exchange entirely on your own A 1031 exchange involves selling one property and then using the proceeds to purchase another. This may sound easy enough, but it’s important to realize that you can’t simply do this by yourself and call it a 1031 exchange.

How do I file a 1031 exchange tax return?

Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange.

How do I avoid taxes on a 1031 exchange?

How to Avoid Boot in a 1031 ExchangeTrade up in real estate value with one or more replacement properties.Reinvest all of your 1031 exchange proceeds from the relinquished property into the replacement property.Maintain or increase the amount of debt on the replacement property.More items…