Is there a 1031 Exchange in your future?

Written By: Glenn Michaels

A 1031 exchange also known as a real estate exchange or a tax deferred exchange was created by the Internal Revenue Service (IRS) in 1990.

A 1031 exchange is the sale of one investment for the purchase of another investment, in terms of mortgage, when a homeowner sells the investment property to buy another like property, they can offer offset or even avoid capital gains tax.

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In a 1031 exchange the property sod is referred as the “relinquished property” and the property acquired is called the “replacement property.”

Prior to the introduction of the 1031 exchange, a homeowner had to sell one property before the closing of the new property, a practice that proved to be very difficult.

The IRS finally proposed a solution with the introduction of the 1031 exchange, which effectively allowed a homeowner to sell their relinquished property and use the proceeds to buy the replacement property after. However, for the exchange to work it must be overseen by a Qualified Intermediary and certain rules must followed:

What type of property qualifies for a 1031 exchange?
Real Estate is divided into four classifications, including property held for business use; property held for personal use, and property held primarily for sale. The first two qualify for a 1031 exchange, while the last two do not.

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All proceeds from the relinquished property sale must be invested in the replacement property.

The properties exchanged must be of like – kind, meaning that they are of the same classification, and not based on their condition or quality.

Time Requirements of a 1031 Exchange
There are also certain time requirements that must be strictly followed. The identification period of the 1031 exchange begins the date the relinquished property is transferred and expires after 45 days.

The exchange period begins on the date you transfer the relinquished property and ends after 180 days or earlier for the taxable year in which the transfer occurred are submitted before those 180 days.

Additionally, there must be an actual exchange overseen by a Qualified intermediary, and not just a transfer of property for money only. That said, it’s always wise to seek the services of a professional early on to avoid any costly mistakes when executing a 1031 exchange.

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To sum up the rules :

• The property must be exchanged for the same type of property
• The property must conduct business
• The new property must have value equal to or greater than the property sold
• The exchange must occur in the allotted time frame
• All proceeds from the relinquished property must go towards the replacement property


About The Author

Glenn Michaels - As an NAMP® staff writer, Glenn Michaels is a mortgage underwriting instructor for Mortgage Underwriter University (www.MortgageUnderwriter.org). As a BBA & FHA DE Underwriter, Glenn is a Pace University graduate who also graduated from New York University’s School of Mortgage Finance. Glenn has conducted numerous training classes and has worked in the mortgage banking industry for 38 years. If you're interested in becoming a writer for NAMP®, please email us at: contact@mortgageprocessor.org.

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