1031 Exchange Frequently Asked Questions:
Q: Can I sell my duplex and purchase raw land?
A: Certainly. Properties involved in an exchange need to be held for either productive use in trade or business or for investment. Holding land for its future appreciation would be considered held for investment. Don’t get confused by the “like kind” requirement. “Like kind” can be any real property used for business or investment purposes within the U.S.
Q: Can I buy my replacement property first?
A: Yes. This requires that you do a reverse exchange. The reverse exchange may be an option provided it is structured according to the safe harbor guidelines.
Q: Can I move into a rental property that was originally purchased as part of a 1031 Exchange?
A: Yes. However, please keep in mind that the IRS will look at your “intent” in determining if your 1031 exchange is valid. If the IRS feels your original intent when the property was initially acquired was to use it as a primary residence, you may have your exchange disqualified.
Q: Do I have to reinvest ALL of my cash (equity)?
A: No. However, any cash (equity) that is not reinvested in real estate will be taxable (and is known as cash boot). The general rule of thumb if you don’t want to pay any taxes, is to reinvest all of your cash and purchase a property equal or greater in value.
Q: How long do I have to complete my exchange?
A: 180 days. However, also keep in mind you will be required to identify your potential replacement properties on day 45 of your exchange. Your time-line starts when you close escrow on the property you are selling.
Q: I am flipping properties, can I defer my taxes through a 1031 Exchange?
A: In most cases, no. The unofficial rule of thumb is that a property should be held for at least 12 months before it is eligible for a 1031 Exchange, but the longer the better. If you are flipping properties, be prepared to pay your taxes.
Q: Do second homes qualify for 1031 Exchange?
A: It depends. If the second home has not been rented it will likely not qualify for a 1031 Exchange. Unfortunately there are no special tax breaks available on the sale of a second home that has not been rented.
Q: Can I purchase a foreclosure in a 1031 Exchange?
A: Yes. Acquiring a foreclosure via 1031 Exchange requires that you work closely with your Accommodator, but is certainly possible.
Q: Can I purchase my replacement property in a different state?
A: Yes. Replacement property can be purchased anywhere in the United States. Foreign property, however, is not like-kind to domestic property, so properties outside the United States won’t qualify.
Q: Can I purchase multiple replacement properties?
A: Absolutely. One of our clients recently sold one property and acquired seven.
Q: Does my Realtor need to do anything special since I am exchanging?
A: Your Realtor needs to make sure the sales contract is assignable and includes the appropriate 1031 Exchange language. Asset Exchange Company can provide the necessary language.