Real Estate

The 3 Most Common Types of Real Estate Exchanges

Real Estate Exchange Types

1031 exchanges come in several different types – all of which can be beneficial depending on your unique situation and ultimate goals. In this article, we are going to briefly explain three of the most common types of 1031 exchanges involving real estate.

Forward Exchanges

The forward exchange is the most common and “standard” type of 1031 exchange. This is typically what people picture when they think of 1031 exchanges. In a forward exchange, you sell a piece of relinquished property. Then, you identify replacement property in the 45 days thereafter. Finally, you close on your new replacement property and roll your net proceeds into that property on or before the 180th day following your relinquished property sale.

Reverse Exchanges

A reverse 1031 exchange accomplishes the same ultimate goal of a standard exchange (that of tax deferral) but with the order reversed. Instead of selling the relinquished property first, a reverse exchange starts with the acquisition of replacement property, and ends with the sale of the relinquished property. All time frames are the same. Reverse exchanges are useful in a hot seller’s market when you need to snatch up an ideal property before someone else does.

Build-to-Suit Exchanges

A build-to-suit exchange (also known as a construction improvement exchange) is a 1031 exchange in which the exchangor constructs improvements to their replacement property prior to the closing. This type of exchange is good for people who have found a replacement property that doesn’t quite fit their needs. With a construction exchange, you can make the necessary improvements to your replacement property and include those as a part of your exchange.

  • Start Your Exchange: If you have questions about the different types of 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

 

Tips for New Real Estate Investors

Real Estate Investing

Real estate investing can be a lucrative endeavor. But if you're new to the industry, real estate investing can be difficult to break into. In this article, we are going to offer up a few tips for those looking to get into real estate investing.

Read

First tip - read everything you can on real estate investing. 

I personally like all of Robert Kiyosaki’s Rich, Dad, Poor Dad series of financial advice books.

Napoleon Hill’s Think and Grow Rich is also excellent.

Anything by Carleton Sheets on real estate investing offers a lot of practical information.

Network

Networking is another essential element of success in real estate investing. I would network with Mike Jacka, founder of the Minnesota Real Estate Investors Association and check out some of the experts that they have speak.

Another good group is Minnesota Real Estate Exchangors.

MNCAR is a commercial real estate brokerage organization in Minnesota that has lots of seminars and good networking events.

Find a Mentor

The best advice of all – find a mentor that has been doing this a long time, and learn from the real people that do this all of the time.

  • Start Your 1031 Exchange: If you have questions about real estate investing, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

 

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

Tips for Dealing with 1031 Property Received in a Divorce Settlement

1031 Property in a Divorce

When a spouse purchases property in a 1031 exchange, they have a lower basis (than a normal cost basis) in the property to the extent that they have deferred gains and rolled over into the new replacement property. This may be called a substituted basis or reduced basis due to the taxes that were deferred in the exchange.

Depreciation Deductions

If, in addition to starting with a lowered basis, the spouse then took depreciation deductions for the wear, tear, and exhaustion of the property, then the remaining basis would have been further reduced each year incrementally as these depreciation deductions were taken.

Section 1041

Years later, if the spouse gets divorced and transfers the replacement property to their ex-wife/husband (former spouse) as part of a divorce property settlement, then the former spouse will take the property with a straight carry-over basis under IRC Section 1041 (transfers of property between spouses or incident to divorce), so they get the property with a super low basis, being whatever remaining basis the transferor had left in the property. Section 1041 makes transfers between spouses tax-neutral, in that the receiving spouse just takes the transferred property subject to the other spouses basis.

Section 121 Exclusion

If the former spouse moves into the property and makes it their principle residence, they may be able to take a partial exclusion under IRC Section 121 once they have owned and lived in the property for two years; however, the amount of the exclusion allowed is a fraction based upon the ratio of the time the property was used as a rental and the amount of time it was used as a principle residence. Further, IRC Section 121 is inapplicable to deprecation recapture. So, the former spouse will only get to use a fraction of the principle residence as it relates to the appreciation (or natural increase in value over time), but will not be able to exclude any gains attributable to the past depreciation that was taken by either or both spouses.

Unrecaptured Depreciation

Unrecaptured depreciation may be taxed at a maximum rate of 25% on most US real property. While normal long term capital gains are taxed at a maximum rate of only 20%.

In summary, if you receive property in a divorce property settlement that was originally purchased to complete a 1031 like-kind exchange…you may be receiving the property with an unexpectedly low basis and additional potential tax complications. These tax complication may be compounded by the limitations imposed in Section 121 for the principle residence exclusion that carve-out from the exclusion the deprecation recapture

PROTIP:  Let the entrepreneurial spouse keep the old low basis property, and have the other spouse receive cash!  Cash is king.

  • Start Your Exchange: If you have questions about tax implications of property in a divorce, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

The Role of the Real Estate Agent in a 1031 Exchange

Real Estate Agent 1031 Exchange

Real estate agents and brokers get no respect.

Who is the engine that drives the real estate transaction? Who is the warrior that goes out to prospect and dig up these deals in the dirt and then puts them together?

It's the real estate agent or broker.

Potential Obstacles

Real estate agents work hard to put these deals together, and then everyone comes in and creates obstacles:

  • The environmental company raises objections about potential contaminants in the soil

  • The title company raises objections about flaws or difficulties in the title

  • The bank comes in with their level of requirements

  • The lawyers get involved in parsing the verbiage in the contracts

The poor real estate agent or broker has to persevere, taking their client from start to finish. And they don't get paid unless the transaction closes, so they're basically working for free during this entire process.

A Tip of the Hat

I tip my hat to the real estate broker or agent who perseveres, puts the deal together and then at the end of the transaction, gets little or no credit.

  • Start Your 1031 Exchange: If you have questions about the role of real estate agents or brokers 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

The Benefits of Syndicated Real Estate Investments

Syndicated Real Estate

If you're an older investor you might find that you are getting more conservative in your older years and there are many replacement property options that suit your more conservative position.

Investing by Age

In your younger days you were all about wealth accumulation. In your latter years you're more about wealth preservation and creating a steady stream of income.

To that end there are 1031 replacement property options that are all cash, debt free deals. There's no leverage or risk of having to refinance a property (or to pay off debt service). And if the economy starts to peter out you're going to be in a safe and steady investment.

Syndicated Real Estate

Syndicators such as AEI Fund Management in Saint Paul have properties that are available for people to purchase, assuming that they are accredited investors, that will be steady bastions of stability. In your latter years it's more about putting your wealth on a steady plain so that you can eventually pass the property to your heirs with a stepped-up basis. Meanwhile you want to create a steady stream of income. So debt free, all cash syndicated real estate Investments fill this unique niche in the market.

  • Start Your 1031 Exchange: If you have questions about debt-free real estate investments, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved