1031 Exchange Quick Facts
Simultaneous or Concurrent 1031 Exchange Rules
The relinquished property and the like-kind replacement property close (settle) at the same time in a Simultaneous 1031 Exchange or Concurrent 1031 Exchange.
Forward or Delayed 1031 Exchange Rules
You close on your relinquished property first and subsequently purchase (close on) your like-kind replacement property within the prescribed deadlines in a Forward or Delayed 1031 Exchange (also referred to as a “Starker” Exchange).
Reverse 1031 Exchange Rules
The like-kind replacement property is acquired and “parked” by the 1031 Exchange Qualified Intermediary (“QI”) first and the relinquished property is subsequently sold later within the prescribed 1031 Exchange deadlines in a Reverse 1031 Exchange.
Build-to-Suit (Improvement or Construction) 1031 Exchange Rules
Your 1031 Exchange proceeds from the sale of your relinquished property are used to acquire like-kind replacement property and some of the left over 1031 Exchange funds are used to improve the replacement property in a Build-To-Suit 1031 Exchange.
Personal Property 1031 Exchange Rules
Personal property (i.e. non-real estate) can also be exchanged for other personal property of like-kind or like-class in a Personal Property 1031 Exchange.
Related Party Transactions
Related party 1031 Exchange transactions occur when you sell your relinquished property to a related party or you buy your like kind replacement property from a related party. Related party 1031 Exchanges are permitted provided you follow specific rules and requirements issued by the Internal Revenue Service.
If the old property is sold to a related party, the property must be held for two years before selling or the tax deferred by the 1031 exchange is due. You can purchase the replacement property from a related party, only if they are also initiating a 1031 exchange.
Related party issues can also be avoided altogether if the related party relationship is eliminated prior to structuring and completing the 1031 Exchange transaction.
Related parties include, but are not limited to, immediate family members, such as brothers, sisters, spouses, ancestors and lineal descendants. Related parties do not include stepparents, uncles, aunts, in-laws, cousins, nephews, nieces and ex-spouses.
Corporations, limited liability companies or partnerships in which more than 50% of the stock, membership interests or partnership interests, or more than 50% of the capital interests or profit interests, is owned by the taxpayer is considered to be a related party.
Lineal descendants are the direct line of relationship flowing downwards from an individual starting with his children, grand children and their children and so on. More info about linear descendants here.
Do You or Your Clients Own any of the following Real and Personal Property as an Investment or for use in Their Business?
There are many real and personal properties eligible for 1031 exchange. Here are some you might want to consider:
- 1031 Exchange Buildings, Warehouses
- 1031 Exchange Gas stations
- 1031 Exchange Apartments
- 1031 Exchange Hotels & Motels
- Leasing portfolios with cars, trucks and equipment
- 1031 Exchange Hospital Equipment
- 1031 Exchange Artwork
- 1031 Exchange Rental Properties
- 1031 Exchange Collectibles – rugs, antiques, cars, coins, stamps, metals, gems
- Conservation easements
- 1031 Exchange Timberland
- Communication towers