1031 fallback strategy

How to 1031 Exchange into Different Business Segments

The real estate market is white hot right now, with no concrete signs of slowing down. With values at peak levels, we’re seeing a lot of taxpayers 1031 exchange their property instead of doing an outright sale in order to defer their capital gains taxes on the property.

Exchanging Into Different Business Segments

On the 1031 exchange front, we see a lot of taxpayers selling lots of smaller assets that they likely acquired prior to the great recession. These properties have now seen huge increases in value and strong demand. Many of these taxpayers want to get out of these more management-intensive, one-off investments and consolidate into bigger and better properties. These new properties may be in a better location for the taxpayer, or in an entirely different business segment. Maybe they’re getting out of the single-family rental business and 1031 exchanging into mini-storage or something that’s a little less management intensive.

That is the true beauty of the 1031 exchange. Because nearly all investment real estate is considered “like-kind” for 1031 exchange purposes, you can exchange into and out of entirely separate business segments and still defer your capital gains taxes on the sale.

1031 Exchanges of Real Property

A 1031 exchange can save you a lot of money when selling real estate by allowing you to defer your recognition of capital gains taxes on the sale. But in order to do so you need to satisfy certain benchmarks. At CPEC1031, LLC our entire team is dedicated to facilitating 1031 exchanges. Let us help you through the ins and outs of your next like-kind exchange of real property. Contact us at our downtown Minneapolis offices to learn more about our full array of services.

  • Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2022 Copyright Jeffrey R. Peterson All Rights Reserved

1031 Exchange Alternatives if You Want to Back Out After Starting the Process

Recently, we had a client who was in the final phases of their assessment of a potential 1031 Exchange when the following question emerged: 

“If the taxpayer conducting the 1031 exchange delivers proceeds to the qualified intermediary from the sale through the escrow account, but then subsequently does not identify an alternative investment or simply decides to pay the tax and avoid a 1031 Exchange, would this essentially result in the same tax effect as if the taxpayer had taken proceeds in their name following the sale?”

This is a great question that brings to light a situation many taxpayers may find themselves in during the course of a 1031 exchange.

1031 Exchange Alternatives

If you do not identify any replacement property investments (or revoke any prior identifications), then the exchange period ends at midnight of the 45th day, and the qualified intermediary can return the unused exchange funds.

If you do identify replacement property investments and the 45th day elapses, then the 1031 funds are immediately available for the purchase of the designated properties/investments. However, if these funds are not used for replacement property purchases, they cannot be returned until the end of the exchange period which ends at midnight of the 180th day after the sale of the relinquished property.

In general, if the unused exchange funds are returned to the taxpayer, it’s the same tax bill if the exchange fails. But if the exchange is completed, then all of the gains may be deferred indefinitely.

  • Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2022 Copyright Jeffrey R. Peterson All Rights Reserved