1031 Exchange Protocols to Safeguard the Client’s Money

When we facilitate 1031 exchanges, we usually operate under the qualified intermediary safe harbor. Under that modality, we act as a third party administrator to facilitate 1031 exchanges. However, this is not the only safe harbor that’s allowed when conducting 1031 exchanges. Another safe harbor is known as the qualified escrow agent safe harbor.

Under that safe harbor, we have the 1031 exchange sales proceeds held by a bank acting as a fiduciary under a qualified escrow deposit agreement, wherein the bank plays the role of the qualified escrow agent. Their job is to safeguard the money and not release it without the client’s written authorization. That way the client can sleep easy at night knowing they have a reputable bank holding their money pursuant to a qualified escrow deposit agreement and they’re not allowed to release the funds without the client’s explicit authorization.

In certain circumstances, we will even introduce the client to the banker at the bank that will be holding their funds and have them create a password that’s only known to the bank and the client. Then, in order to release the funds, the bank will not only need to check for your signature authorization, but also do a callback directly to the client to confirm the password and verify the wiring instructions.

These are just a few of many protocols that we put in place to safeguard our client’s 1031 exchange funds.

1031 Exchanges for All Taxpayers

Many people don’t realize that 1031 exchanges can be utilized by any United States taxpayer who owns qualifying real estate (i.e. real estate held for investment or business purposes). A lot of the folks we work with are small, mom and pop shops who want to utilize the awesome power of section 1031 to defer their capital gains taxes and build their wealth over time. We can help you too. Contact the qualified intermediaries at CPEC1031, LLC to learn more about our services and how we can help you take your first steps on the road to tax-deferral.

• 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.

© 2024 Copyright Jeffrey R. Peterson All Rights Reserved

What Type of Property do Farmers Typically 1031 Exchange Into?

1031 exchanges are very popular among farmers who want to sell their current farmland and reinvest in larger property while deferring capital gains taxes. Many people wonder what type of property farmers typically exchange into after selling their farmland.

In general, Minnesota farmers want to buy more farmland – ideally close to their home. They don’t want to be farming land on the other side of the county. Additionally, farmers typically want to buy really productive land. There are two primary considerations farmers have when considering 1031 replacement property:

·         What is the soil like?

·         How close is it to my home farm?

Of course, not all farmers exchange into more farmland when doing a 1031 exchange. Perhaps a farmer has children who all went into different careers and have no interest in continuing the family farming operation. In this type of situation, farmers will often exchange into DSTs to ensure a more reliable income stream for the remainder of their lives. Farmers who have multiple heirs also often utilize a DST conversion into an UPREIT that makes it easy to dole out shares to numerous heirs.

Our Qualified Intermediaries are Here to Help You

The qualified intermediaries at CPEC1031, LLC are ready and waiting to help you with your exchange of investment real estate. With more than twenty years of experience at our back, we are more than prepared to handle whatever comes our way during the course of your 1031 exchange. Start realizing the tax-saving benefits of section 1031 today by contacting a qualified intermediary who can explain the process and guide your decision-making. Find us at our Minneapolis offices and schedule a time to chat today!

• 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.

© 2024 Copyright Jeffrey R. Peterson All Rights Reserved

When do You Pay Capital Gains Tax During a 1031 Exchange?

Imagine you’ve exchanged your gains into a particular replacement property using the 1031 provision, and then you decide to sell that property at a later date after it has increased in value. In this scenario, do you have to pay the gain on the current appreciation, or do you have to pay the gains that have built up over all of the previous exchanges?

In this situation, you have to pay the gains on the entire history of the exchanges. Unlike the principal residence exclusion, in a 1031 exchange you’re merely deferring the gain from property to property. This is why many taxpayers who do one like-kind exchange, choose to continue to defer their gains in subsequent exchanges throughout their lifetime. When you’re continually deferring your gain, you build more equity to redeploy into your replacement properties. In turn, that means your lender will likely qualify you for bigger and bigger investments as you build your reputation as a responsible steward of the real estate.

Find a Qualified Intermediary Near You

Find a qualified intermediary near you to get started with your 1031 exchange. Whether you’re conducting a forward, reverse, or build-to-suit exchange, CPEC1031 has the resources you need to complete your like-kind exchange of real estate. Our 1031 professionals can answer all of your questions regarding your exchange, prepare any documents required, and explain the process so there are no surprises along the way. Reach out to our team of like-kind exchange intermediaries today to get started with your next like-kind exchange and start deferring your capital gains taxes!

• 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.

© 2024 Copyright Jeffrey R. Peterson All Rights Reserved

What Happens to Deferred Gains at the Time of the Taxpayer’s Death?

Using the 1031 exchange provision, you can build a sizeable real estate portfolio during your lifetime by deferring your gains and compounding your equity over time. But what happens when you reach the end of your life?

Section 1014 says that when you die and your heirs inherit the property, they don’t take your low basis that you carried during your lifetime. Rather, the heirs take the fair market value of the property at the time of the decedent’s death. This is a bit of an oversimplification, but generally speaking, your heir is going to receive that property with a step up in basis.

Let’s say that you die owning 500 units of apartments, free and clear. Your heirs would then be able to sell those apartments with almost no tax because of the step up in basis. This example illustrates why many taxpayers who own investment real estate choose to conduct 1031 exchanges throughout their lives, deferring their capital gains tax burden all the way until they can will the property with a stepped up basis to their heirs upon their death.

Nationwide 1031 Exchange Services

At CPEC1031, LLC we provide nationwide 1031 exchange services to taxpayers looking to defer their capital gains taxes when selling investment real property. With over twenty years of experience, our intermediaries are ready and equipped to help you through the labyrinth of details involved in your like-kind exchange. Contact us today to learn more about the like-kind exchange services we provide and see how we can help you save money in taxes via the awesome power of section 1031! Our offices are located in Minneapolis, but we serve 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.

© 2024 Copyright Jeffrey R. Peterson All Rights Reserved

TIC vs. DST – 2 Models for Real Estate Syndication

In the year 2002 there were a lot of people doing syndications of real estate. People figured out there were a lot of mom and pop shops looking for a place to land with their 1031 funds and those folks didn’t necessarily want to exchange into management intensive property like rental properties. As a result, syndicators were buying triple net lease property (Walgreens, CVS, etc.) and slicing them up into fractional tenant-in-common interests and selling those TIC interests to investors that needed a place to land with their 1031 exchange funds. That tactic was very popular until the great recession in 2008, during which the TIC model was heavily stressed. As a result, many TIC deals didn’t work out and these types of deals fell into the background.

Today the model that most real estate syndications adopt is that of a Delaware Statutory Trust. Let’s say that you purchase an Amazon distribution center and puts it into a Delaware Statutory Trust. The property is fully leased, financed, and stable. Now you decide to sell the beneficial interest in that trust to investors that need a place to land with their funds. You then start doling out percentages of that distribution center that’s owned in the DST. There’s only one mortgagor in this situation – the trustee. This makes things much simpler than the old TIC model – where you may have had dozens of different owners. This has become a very popular vehicle for real estate syndication and 1031 exchange.

Reap the Benefits of a 1031 Exchange

When you conduct a 1031 exchange of investment real estate and reinvest your sales proceeds into a bigger replacement property, you can reap the tax-saving benefits for years to come. In order to do so successfully, you need to make sure you are hitting the appropriate benchmarks and satisfying the litany of requirements set out by section 1031 of the Internal Revenue Code. The qualified intermediaries at CPEC1031, LLC are here to help you do just that. Contact our skilled and experienced 1031 accommodators to discuss the details of your exchange today.

• 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.

© 2024 Copyright Jeffrey R. Peterson All Rights Reserved