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Tag Archives: 1031 Exchange

My 1031 Exchange is with my son and his wife for less than it’s worth. Will I have tax problems if I report a loss?

Yes, you may have some tax problems here on the 1031 Exchange of this property. Under the bargain sale concept, property sold at less than fair market value is treated as a gift of the difference between the sales price and actual value. Here is an example of how it works: Mother sold land to [...]

How do we 1031 Exchange our vacation home?

Vacation homes or your second home are tricky when it comes to 1031 Exchange. If they are not held as a rental they are classified as real estate held for personal use which does not qualify for 1031 Exchange. However, under the rules of §280, a dwelling unit held for both personal use and rental [...]

Doesn’t like-kind property qualify for 1031 Exchange?

Like-kind is one of the most misused terms in real estate exchanging. Be sure not to confuse the term ‘like-kind’ with the term ‘qualified property’. The property must meet both definitions to get §1031 treatment. The regulations broadly define the term “like-kind.” “As used in Section 1031(a), the words ‘like-kind’ have reference to the nature [...]

Can I 1031 Exchange a rental home with my sister?

Yes, you can, as exchanging with a related party is OK – but to qualify for a 1031 Exchange, you should understand exactly what an exchange with a related party really means and the rules for making it work. You have two kinds of exchanges involving related parties available to you. One is a direct [...]

How do I identify a 1031 Exchange Property?

A Replacement Property is considered identified before the end of the 1031 Exchange 45-day identification period only if the following requirements are satisfied. However, any Replacement Property you receive before the end of the identification period will in all events be treated as identified before the end of the identification period. A Replacement Property is identified [...]

Can I 1031 Exchange water rights to my property for some farmland?

In order to 1031 Exchange real estate, those items must be of like-kind. The exchange of Water Rights for Farmland does not qualify for IRS Section 1031 Exchange because they are not like-kind. A recent U.S. district court granted the government’s cross-motion for summary judgment after deciding that the exchange of water rights for farmland is [...]

I have a note secured with real estate, can I 1031 Exchange this for another property?

Real Estate notes  are always excluded from 1031 Exchange treatment and will not qualify. Sometimes you have property you want to sell yet some of the items do not qualify for 1031 treatment. A transfer of that property in an exchange transaction will be treated as a sale of that property. Section 1031 excludes these [...]

How do I use 1031 Exchange to split up a partnership?

1031 exchange is an excellent vehicle for “splitting-up” two (or more) co-owners. Let’s say you and I both own a rental property as co-owners that we will call the Skyline Apartments. From some reason you want out but I am not willing to give up my interest. If I buy you out, you have a [...]

Can I add my wife to the title of a property I am purchasing in a 1031 Exchange?

Yes, you can! One of the biggest problems presented with structuring a 1031 exchange is the issue of title. Almost all exchanges require the exchanger to take title to the Replacement Property in the mode the exchanger held title on the Relinquished Property. What that means is the same entity commencing the exchange must be [...]

How do I write a “Cooperation Clause” for the 1031 Exchange property I am buying?

When you are ready to purchase your 1031 Exchange Replacement properties you can use the following cooperation clause in your purchase and sale agreements. “Seller hereby acknowledges it is the intention of Buyer to complete a deferred exchange and qualify for treatment under Internal Revenue Code Section 1031. This exchange will not delay the closing [...]