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Frequently Asked Questions

We receive many questions about 1031 Tax-Deferred exchanges.
The list below are those that we receive most frequently.

If you have a question that is not listed please Contact Us.

 

Frequently Asked Questions
Q: What is a Tax Deferred Exchange?
A: Taxation on an income or investment property is much different from taxation on a personal residence. A 1031 Tax-Deferred Exchange is apowerful financial tool for those who own investment real estate. It allows you to exchange your property for another and defer payment of federal capital gain taxes, which can be as much as 28% when combined with applicable state taxes.
Q: Why Exchange?
A: The tax-deferred exchange allows the investor to defer paying capital gains tax on their investment properties. Conversely, an investment property that is sold without a tax-deferred exchange can force the seller to pay up to 28% of their gain in taxes! If an investor is looking to purchase other investment properties, then an exchange makes much more sense because there is now a larger amount of money available to purchase the replacement properties. An investor is able to use the money they would have paid in taxes and put it to work for them in another investment property.
Q: What is the Difference Between a Sale and an Exchange?
A:

Let's assume a sale price of $250,000 with a loan of $100,000 and that the property was purchased for $150,000 a few years ago.
Capital Gain = $100,000
Capital Gain Tax: $100,000 x 28% = $28,000

  Sale/Purchase Exchange
Sale Proceeds: $150,000 $150,000
Tax Payable: ($28,000) None
     
Cash Available for Investment $122,000 $150,000
     
Investment with 25% Down: $448,000 $600,000

With an appreciation rate of 10%, it would take the seller four years to reach the value of the exchanger's property. The exchanger clearly has the advantage over the seller who pays taxes and then reinvests.

Q: What Qualifies?
A:

An exchange can be as simple as a "swap" of two properties or as complex as a delayed, reverse, multi-property, multiparty or improvement exchange:

Simultaneous - both properties close the same day. Since 1991, the only "safe harbor" (the term defining the guidelines for a defensible transaction) is through the use of a Qualified Intermediary.

Delayed - within 45 days of the close of sale on the relinquished property, a "like-kind" replacement property must be identified with the close of escrow on the replacement property taking place by the 180th day.

Reverse - occasionally it may be necessary to acquire the replacement property before the relinquished property is sold. This can be accomplished through a reverse exchange.

Multi-Property and Multi-Party - may involve exchange out of one property into more than one property, out of several properties into one larger property, or investors owning property together trading into separately owned properties.

Improvement (or Construction) - the Intermediary acquires and retains ownership to the replacement property while construction or improvements are made, upon completion of which, the intermediary trades the improved property for the property the

Q: How Can I Benefit from a Tax-Deferred Exchange ?
A:

The most important benefit is tax savings, because you can build wealth more rapidly by deferring tax payments. Other advantages, often available with no out-of-pocket expenses, include:

Leverage - Every dollar you save in taxes allows you to greatly increase your investment portfolio through acquisition of real estate worth many times your initial purchase.

Income - You can increase cash flow, for example, by exchanging out of bare lands and into an income producing property.

Diversification - You can exchange one large property for severl smaller properties in different locations.

Consolidation - You can exchange several management-intensive properties for one larger property with on-site or off-site management.

Co-ownership - You can divest yourself of problem co-ownerships by exchanging joint interests for a sole interest in separate properties.

Q: How Does the Process Work?
A:

1. Trade for like-kind property.
2. Trade equal or up in equity and debt.
3. Identify replacement property within 45 days from close of escrow or relinquished property pursuant to requirements.
4. Acquire replacement property within 180 days of close of escrow of relinquished property or the tax return filing date, whichever occurs first.
5. Let Capital Exchange guide the process to ensure the safety and security of your exchange.

Q: Why Should I Choose Capital?
A:

Capital Exchange Services is a national qualified intermediary specializing in the facilitation of tax-deferred exchanges. Our exchange program provides you with the highest standards of safety and service.

 
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