1031 Exchange Blog
In this 1031 FAQ video, Jeff Peterson explains what boot is in a 1031 exchange and how to best avoid it. Watch more 1031 educational videos here.
Start Your 1031 Exchange: If you have questions about boot in a 1031 exchange, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
© 2017 Copyright Jeffrey R. Peterson All Rights Reserved
Many closers and title professionals have questions about what expenses to put on the closing statement and what to keep off the closing statement so that the parties don't trigger boot. Here are a few tips for avoiding boot on the closing statement during a 1031 exchange.
On the sale of the old relinquished property closers need to be careful about the security deposits that must be paid over from the seller to the buyer. Further, they need to be careful about the rents that have been collected by the seller, and which in-part need to be paid over to the buyer for those days that the buyer will own the property during the month for which the rents have been collected. Finally, closers need to be really careful about tax prorations, charges against the seller for real estate taxes that would normally be paid by the seller out of their operating account.
So what's the most proven way to deal with these expenses on the sale of the relinquished property? It's to have the seller pay to the buyer or wire transfer money to the title company for those amounts and show them as paid-outside-of-closing (“POC”). That way all of the equity from the sale of the relinquished property can be moved into the new replacement property.
There are also some closing costs on the replacement property you need to be careful about, in particular any costs related to the new mortgage or deed of trust on the replacement property. Ideally the taxpayer (the buyer) doing the exchange will either get a no-cost loan from their lender, or will pay those loan origination fees and other loan related expenses out-of-pocket, rather than utilizing the exchange funds to pay for the lender costs.
Start Your 1031 Exchange: If you have questions about avoiding boot on the closing statement, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
© 2016 Copyright Jeffrey R. Peterson All Rights Reserved
There’s a term of art in 1031 exchanges called “boot.” In this article, we will define boot and discuss some examples that you might run into during your 1031 exchange.
Boot is basically any non-like-kind property you receive during a 1031 exchange. For example, let’s say you exchange an apartment building for another apartment building, but you don’t reinvest all of your cash. That cash is boot (i.e. non-like kind property you received during the transaction).
Another way to get boot is if you engage in seller-backed financing on the sale of your old relinquished property. If the buyer gives you a promissory note for 10% of the purchase price and you put it in your pocket, you’ve just received some non-like-kind property in the exchange process. So seller-backed financing can be a tricky area. You want to work with your QI to find ways to redeploy all of your net proceeds (cash and non-cash) into your replacement property.
Boot can also come in the form of personal property that might come along with the real property. Usually small incidental amounts of personal property are not a big deal. But if you’ve got a large amount of personal property (maybe forklifts or other business equipment in a real estate exchange), those items of personal property might trigger some boot.
One way to fix this issue is to have separate purchase agreements for the personal property and to pay for that with non-1031 funds. That way you are able to keep your 1031 monies apart from any other assets that might not be considered like-kind.
There is also another term called "mortgage boot." If the property you are selling has debt encumbering it, that relief of the debt may be considered boot to you when the relinquished property is sold and the debt is discharged (or assumed by the buyer). In order to off-set this potential mortgage boot and so you do not have to recognize gains due to the debt-relief, you should either take-out an equivalent or greater amount of debt in conjunction with the purchase of your new replacement property (equal to or greater than the old debt that was satisfied or assumed by the buyer of your old relinquished property). You may also invest additional non-1031 cash for the purchase of the new replacement property.
Start Your Exchange: If you have questions about boot in a 1031 exchange, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
© 2016 Copyright Jeffrey R. Peterson All Rights Reserved
