The Important Difference Between Investment Property & Inventory

What's the difference between investment property that qualifies for 1031 exchange and inventory?

Investment property is property that you're holding for appreciation. You're hoping that it goes up in value and that it's a good investment. Inventory, on the other hand, is property that you acquire with the intention of reselling.

What’s the Purpose of the Property?

Your primary purpose in acquiring inventory is to flip it. This is an important and somewhat fuzzy distinction for some people to understand because the investment property qualifies for 1031 tax deferral and the inventory the property that you hold primarily for resale is excluded from 1031 treatment.

Knowing what your mental intention is and conforming your behavior in the holding of real estate to make it fit into the 1031 category can be very important. If you have real estate and you want to be able to qualify for the 1031, you don't want to immediately list your acquisitions for resale because that would be an indicator that you're holding it as your stock-in-trade (that you're primarily engaged in flipping the property). You want to evidence your intention to hold the property for a qualifying purpose which is to hold it for investment for business purposes.

• 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

Inherited Investment Property & 1031 Exchanges

Many taxpayers who inherit investment property want to know what their options are, and more importantly, the best way to proceed in their particular situation. In this article, we’re going to talk about inheriting 1031 exchange investment property and the options available to you.

Inherited Property

Let’s say you inherited a property that had been 1031 exchanged into by the previous owner. You have a few general options: hold on to the investment property, or sell it.

However, before you get trigger happy and sell your inherited property, it’s important to consider whether that’s the best option for you in the long-term. There is a reason why the previous owner did a 1031 exchange on the property before handing it down to you (and any other heirs). That reason is tax deferral. 1031 exchanges allow you to defer your capital gains taxes on the sale of real estate as long as you move the net proceeds into a replacement property. Over time, you can continue exchanging into bigger and better property, while avoiding capital gains taxes. Indeed, this is a much more tax-advantageous plan than selling the property outright.

Twin Cities 1031 Exchanges

At CPEC1031, we have twenty years of experience facilitating 1031 exchanges for clients in many industries. Our intermediaries work directly with our clients to make sure the exchange process goes as smoothly as possible. We can advise you on your replacement properties, prepare all of your 1031 documents, and more. Reach out to our 1031 exchange professionals today to set up your exchange. Our office is located in downtown Minneapolis but we work with clients all throughout the state, as well as across the country.

• 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.

© 2018 Copyright Jeffrey R. Peterson All Rights Reserved

Is There a Difference Between Income vs. Investment Property in a 1031 Exchange?

Is there a difference between income and investment property? Do both fall within the 1031 exchange guidelines? That's our topic for today's article.

What is the Held for Requirement in a 1031 Exchange?

Section 1031 provides that no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if the property is exchanged solely for property of a like kind that is to be held either for productive use in a trade or business or for investment. 

Whether the property exchanged is held for productive use in a trade or business or for investment is a question of fact. The manner in which the relinquished property is held at the time of the exchange controls, not the manner in which it was held when acquired - see Wagensen v. Commissioner, 74 T.C. 653 (1980).

Neither the Internal Revenue Code nor the Income Tax Regulations under § 1031 provide further guidance concerning the phrase “held for productive use in a trade or business or for investment” (the “held for” requirement).   

Rev. Proc. 2008-16

The Internal Revenue Service (the “Service”) deals with this issue in Rev. Proc. 2008-16, 2008-10 I.R.B. 547 in the context of properties in a rental pool that may be used sparingly for personal use.

Rev. Proc. 2008-16 provides circumstances under which the IRS will not challenge whether a dwelling unit qualifies as property that meets the “held for” requirement even though the property is occasionally used for personal purposes. If the safe harbor provisions of the Rev. Proc. are met, the entire property meets the “held for” requirement for purposes of § 1031. The Rev. Proc. provides the following:

The Service recognizes that many taxpayers hold dwelling units primarily for the production of current rental income, but also use the properties occasionally for personal purposes. In the interest of sound tax administration, this revenue procedure provides taxpayers with a safe harbor under which a dwelling unit will qualify as property held for productive use in a trade or business or for investment under § 1031 even though a taxpayer occasionally uses the dwelling unit for personal purposes. 

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

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved