1031 Exchange 101: What is Boot?

There are many terms of art in the 1031 exchange world, and one of the most often used words is boot. If you sell an apartment building and you receive cash, that would be considered boot or non like-kind property that you receive during the exchange. If you want to defer every cent of tax, you want to avoid receiving boot and only receive like-kind replacement property.

What are Some Common Ways that People Receive Boot?

When you sell the relinquished property if the buyer says “hey I don't have enough money to pay for this thing, can I give you an IOU or a promissory note for a portion of the purchase price?” If the taxpayer selling the property takes that IOU or note guess what they’ve just received? Boot. If you want to have a simple 1031 exchange, avoid seller-backed financing.

Another way that you can receive boot is on the purchase of the replacement property.  You need to make sure that all of your equity, all of your net proceeds gets applied for the purchase of your like kind real estate.

On the Replacement Property Side…

There's a couple different ways that you can walk off the dock on the replacement side. One way is to have too large of a mortgage or deed of trust on your replacement property such that you don't end up applying all of your exchange funds for the purchase and you end up getting back surplus or unused exchange funds at the bottom of the settlement statement.

You want zero cash due to the buyer. You want all of your funds to be applied towards the purchase price which might mean that you have to ratchet back your lender and make sure they only loan you the amount you need to make up the purchase price.

Another way that you could end up inadvertently receiving boot on the replacement property is if you receive non like kind property as part of the purchase of the replacement property.  For example, if you buy a fully furnished condominium with a brand-new granite table and that table is a movable item of personal property or chattel you want to make sure that you pay for the furnishings with non 1031 funds not the use of your exchange for me because that money that you applied towards the purchase of the furniture could result in you end up receiving boot with your exchange funds not like-kind real estate.

• 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

Why It’s Important to Avoid Boot in a 1031 Exchange

In a 1031 exchange, you want to do your best to avoid receiving any boot so your exchange is completely tax-deferred. But many people aren’t sure what exactly “boot” is. In this article, we are going to talk about boot in a 1031 exchange – what it is and how to avoid it.

What Exactly is Boot?

In a 1031 exchange of real estate, “boot” means any non like-kind property that the taxpayer receives during the course of the exchange. Ideally, you want to avoid receiving any boot in your exchange. The goal with a like-kind exchange is to defer 100% of your capital gains. If you receive boot, you will recognize at least a partial amount of that gain and the exchange will not be completely tax deferred.

Tips for Avoiding Boot

Because boot can trigger taxable gain, it’s important to do everything you can to avoid receiving it during your exchange.

You want to pay special attention to any taxes, rent prorations, and security deposits during closing. The best course of action is to keep these off the closing statement and pay for them with cash out of pocket to avoid boot. Certain closing costs can also potentially trigger boot. It’s important to consult with a qualified intermediary about these items before your closing.

1031 Exchange Companies in Minnesota

At CPEC1031, LLC, our qualified intermediaries have been working with clients in Minnesota and across the country for the past three decades. Our team can advise you on the details of your exchange, prepare your 1031 documents, and answer any of your questions throughout the process. If you want to learn more about the tax-saving benefits of the 1031 exchange, don’t hesitate to reach out to us today and set up an appointment via phone or at our office in downtown Minneapolis.

• 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.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

How to Effectively Deal with Taxable Boot in a Like-Kind Exchange

Boot is a big deal in the realm of 1031 exchanges, but many taxpayers don’t pay enough attention to it, and end up paying the price (literally). In this article, we are going to talk about how to deal with taxable boot in a 1031 exchange.

A Brief Refresher on Boot

First, let’s make sure we’re all on the same page when we use the word “boot.” In a 1031 exchange, boot refers to any non like-kind property received during the course of a 1031 exchange. Typically, boot comes in the form of cash. When a taxpayer receives any cash proceeds during their 1031 exchange, they are deemed to have received boot and will be taxed accordingly. In general, you want to avoid boot at all costs in a 1031 exchange.

Dealing with Boot

Boot is a complex topic but the most important thing to remember is you do NOT want to receive any boot at any point during the 1031 exchange process. So how do you avoid boot? By following the strict regulations of section 1031 of the Internal Revenue Code. This is where a qualified intermediary can be invaluable in helping you through your exchange.

Defer Your Capital Gains Taxes

In a 1031 exchange, you can defer your capital gains taxes when selling a piece of investment real estate. But it’s not quite as easy as it sounds. You need to satisfy a number of requirements in order to have a successful 1031 exchange. This can all get a bit complicated, but with the help of a qualified intermediary, your exchange can go off without a hitch! Contact our intermediaries today to learn more about our services and to set up a time to chat about your exchange. You can find us at our primary office in downtown Minneapolis.

• 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.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

3 Types of Boot to Avoid in a 1031 Exchange

In order to defer all of your capital gains taxes in a 1031 exchange, it’s important to avoid receiving boot. But boot can come in many different forms. In this article, we are going to walk through the types of boot you need to avoid at all costs in a like-kind exchange of real property.

Cash Boot

The most common form of boot is cash boot. If you receive any cash during the exchange process, that cash is considered boot and will be subject to capital gains taxes. If you accidentally receive cash boot, you can still do a partial 1031 exchange, but you want to aim for 100% tax deferral to get the most benefit. Working with a qualified intermediary can help you avoid receiving any boot.

Debt Liability Boot

When you exchange into a new replacement property, you want to ensure that your replacement property is equal to or greater than your relinquished property in value, equity, and debt. If it fails to meet these criteria you may receive debt liability boot, which will result in less than 100% tax deferral.

Non-Customary Transactional Costs Boot

Non-customary transactional expenses that are unrelated to the replacement property closing can also be considered boot. It is important to pay any taxes, rent prorations, and other charges with cash at the closing table in order to keep those off of the closing statement and avoid boot.

Minnesota Qualified Intermediary Company

At CPEC1031, we have been helping taxpayers throughout Minnesota and the greater United States with their 1031 exchanges of real estate for over two decades! We have the knowledge and experience needed to ensure your exchange is a success. We can work with you throughout the entire process and answer all of your questions along the way. Contact us today to learn more about the 1031 exchange process and how we can help facilitate your 1031 exchange. We are located in the heart of downtown Minneapolis but serve the entire state of Minnesota as well as the entire United States.

• 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.

© 2020 Copyright Jeffrey R. Peterson All Rights Reserved

How to Calculate Your Profit from a 1031 Exchange

The formula below shows the calculation of the profit from a 1031 exchange:

• Sale Price - Debt - Cost of Sale = Exchange Proceeds

• Debt - new debt = boot

• Exchange proceeds - down payment = boot

• Boot + boot = total boot

If exchange proceeds are equal to or less than the down payment on the replacement property, boot is zero. If the debt on the replacement property is greater than or equal to the debt on the replacement property, boot is zero. But if the down payment and/ or debt on the replacement property are lower, the differences that appear to be in your favor are taxable boot.

• Mortgage on relinquished property - Mortgage on replacement property - Additional cash paid by you towards the new property (not including money invested from the sale of your old property) = Net boot received (Not less than zero)

• Net boot received + any cash received by you in the exchange = Boot received

Terminologies:

Boot - it refers to any non-like-kind property that is exchanged.

Sale Price – it is the sale price or consideration in the deed, the fair market value on the affidavit in the deed or the projected consideration.

Debt - is that which is owed; usually referencing assets owed, but the term can cover other obligations. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned.

Cost of Sale – the total spent for a sale.

Minneapolis 1031 Exchange Service

Looking for 1031 exchange services in the Minneapolis / St. Paul area? You’ve come to the right place! The qualified intermediaries at CPEC1031 have over twenty years of experience working with taxpayers on all manner of like-kind exchanges. We can help you through every step of the process – answering your questions and preparing your documents as needed. Contact us today to learn more about how we can help you realize your 1031 exchange goals.

• 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.

© 2019 Copyright Jeffrey R. Peterson All Rights Reserved