taxable boot

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

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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

3 Workarounds to Avoid Boot When Financing a 1031 Exchange with a Note

Avoid Boot

Can you do a 1031 exchange and take back a note to finance the buyer’s purchase? That’s our topic for today’s article.

Workarounds

Receiving a note or contract for deed may trigger boot. Here are a few potential workarounds:

  • You can use a note and have the seller bring the loan money to the closing so the loan is not funded with the net proceeds from the sale. This way all of the funds can go directly into the 1031 exchange account.

  • You can run the note of contract for deed in favor of the qualified intermediary. This insulates the person doing the exchange from receiving any boot. Then, prior to closing on the replacement property, you can buy the note from the intermediary so there is cash in the 1031 exchange account.

  • If the replacement property seller is willing to accept the note as partial payment, it might be possible to allonge the note together with additional cash consideration.

1031 Real Estate Exchanges in Minnesota

CPEC1031 is one of the most experienced 1031 exchange companies in Minnesota – having just celebrated twenty years in business. Our team of qualified intermediaries helps clients across the country with their 1031 exchanges of real property. A 1031 exchange can save you a lot of money in capital gains taxes, and a qualified intermediary can make sure that you have all of your bases covered during your exchange. Contact us today at our downtown Minneapolis office and learn more about the tax-saving benefits of the 1031 exchange!

  • Start Your Exchange: If you have questions about boot in 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

Tips for Avoiding Boot in a 1031 Exchange

Cash Boot in a 1031 Exchange

When it comes to 1031 exchanges, boot is defined as any non like-kind property that the taxpayer receives from the sale of their relinquished property. Any boot received will be subject to tax, so it’s important to avoid boot in order to ensure your 1031 exchange is completely tax-free. In this article, we are going to offer up a few tips for avoiding boot in a 1031 exchange of real estate.

Security Deposits, Rent & Tax Prorations

Security deposits, rent and tax prorations are all items that can trigger boot in a 1031 exchange. The best way to deal with these items is to pay these items outside of closing and keep them off the closing statement.

On the replacement property side of things certain closing costs related to the new mortgage or deed of trust may trigger boot as well. If possible, avoid using the exchange funds to pay for these items.

When in Doubt

If you have any doubts about whether certain expenses will trigger boot, it’s always best to play it safe and pay those expenses in cash, in a separate transaction, outside of closing. You can also consult with a qualified intermediary about your situation and see how you can best avoid boot in your transaction.

Minneapolis Qualified Intermediary

CPEC1031 has been providing 1031 exchange accommodation services to taxpayers for decades. Our qualified intermediaries have the industry knowledge and experience to help advise you on your 1031 transaction. Contact our 1031 exchange professionals today to learn more about the tax-saving benefits of a 1031 exchange. Our office is located in downtown Minneapolis, but we serve clients across the country!

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

Defer the tax. Maximize your gain.

 

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

What is “Constructive Receipt” in a 1031 Exchange?

Constructive Receipt 1031 Exchange

There are many terms and definitions in the realm of 1031 exchanges that can be confusing to anyone outside the real estate or tax industry. In this article, we are going to explain what “constructive receipt” means in a 1031 exchange and offer some tips for avoiding it.

Constructive Receipt

In 1031 exchange terms, “constructive receipt” means that the person conducting the 1031 exchange has obtained control over the sales proceeds (either directly or indirectly). Why is this bad? Because it violates one of the fundamental rules of the 1031 exchange – that you must move all of your exchange proceeds into a replacement property.

When you effectively receive your sales proceeds you have just received income that is subject to capital gains taxes. This is exactly what you’re hoping to avoid when conducting a 1031 exchange.

The Role of the Qualified Intermediary

One of the many benefits of working with a qualified intermediary during your exchange is that they can insulate you from receiving any of the net proceeds from the sale of your relinquished property. They do this by holding the net proceeds for you during your exchange period and transferring them over to the replacement property at the time of closing.

Twin Cities 1031 Exchange Services

The Minnesota qualified intermediaries at CPEC1031 have been helping taxpayers with their 1031 exchanges for decades. If you’re looking to defer taxes on the sale of real property, contact us today for help with your exchange. Our intermediaries can prepare all the necessary documents for your exchange, and advise you on best practices every step of the way. Contact us today at our downtown Minneapolis office to get started with your exchange.

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

Defer the tax. Maximize your gain.

 

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved