Guides on how to perform 1031 exchanges with specific types of property or business

Senior housing is a critical part of our society, however, that does not mean that everyone is capable of running one. Despite its crucial role in the life cycle of humanity, senior housing is rarely a profitable business due to its ongoing expensive upkeep.

If you are the building or business owner of senior housing, selling may become a more attractive option in each year of operation. Today, there are more resources than ever available for senior homeowners to find a buyer and sell their property for a large sum of money. Of course, that sale is going to be taxed, so don’t start celebrating too early.

In this quick guide, we will show you how to 1031 exchange senior housing in order to maximize the sale. Whether you are an individual taxpayer or an operating business entity, a 1031 exchange can be used to minimize capital gains taxes paid on the sale of senior housing.

How to Sell A Senior Housing

Before you can 1031 exchange senior housing, you will first need to sell it. Selling your nursing home is likely going to be the most difficult part of the 1031 exchange process. While some businesses don’t go a day without someone asking to buy them out, it is very rare that individual investors will approach a senior homeowner in order to acquire the property and business. Instead, senior housings are sold through outbound marketing techniques, which usually includes the help of an intermediary or private equity firm.

Selling senior housing is typically not a quick process. Most senior housings remain on the market for months and sometimes years, depending on the location. While some property developers may be able to convert senior housing into a profitable entity, there are also many local restrictions that prevent senior housings from changing forms so as to ensure the health of seniors in the area.

Determining the Value of Senior Housings

Although the initial selling price is likely to be determined by a third-party intermediary, there are a few things to consider when trying to find the approximate value of a senior housing. In most cases, senior housing change hands while continuing to operate as a business and residence for those living onsite. While you can’t put a price on human life, the following should be considered when determining the initial value of senior housing:

  • Building size and condition
  • Property size, condition, and zoning laws
  • Number of current tenants, and/or waiting list
  • Pay, ownership, or leasing structure
  • Asset quantity and condition (furniture, appliances, etc.)
  • Strategic vendor partnerships
  • And more

In many ways, selling a nursing home is like selling an apartment building, community center, and hospital all at the same time. With this in mind, senior housings are typically sold for over a million dollars in most major cities. Today, senior housings are much more likely to be sold B2B rather than to an individual taxpayer.

Taxes Paid on Selling Senior Housings

Upon selling senior housing for a considerable amount of money, large taxes are applied to both individual sellers and businesses liquidizing such a large asset. In fact, total taxation is likely to reach up to 40% of the initial selling price in some parts of the country. Once sold, the following are typically applied to senior housing transactions:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

Of course, smart investors know a few ways to minimize taxation with completely legal methods offered by the IRS. For instance, the 1031 exchange can be utilized to completely defer capital gains taxes that would otherwise be applied to the sale of senior housing.

How to 1031 Exchange Senior Housing

A 1031 senior housing exchange makes it possible to lower taxes on the sale with the acquisition of a new like-kind property. If the new property is of equal or greater value than the senior housing, all capital gains taxes will be deducted with the 1031 exchange. In the same vein, lower-valued assets make it possible to mitigate a portion of the capital gains taxes otherwise paid.

Senior Housings Like-Kind Properties

When it comes time to explore new properties, taxpayers and businesses have a lot of freedom to choose many different types of assets to purchase in the 1031 senior housing exchange. The IRS has designated in the 1031 exchange code that new properties must be of “like-kind,” however arguments can be made for most personal property types. Both physical and intangible assets like the following can be purchased after the sale of senior housing in a 1031 exchange:

  • Mineral rights and royalties
  • Water and ditch rights
  • Apartment buildings and condos
  • Hospital equipment
  • Office furniture
  • Farmland, livestock, etc.
  • Wetland mitigations credits
  • And much more

Of course, highly-valued assets like senior housings have an enormous amount of potential when considering the tax-free acquisition of a new large asset.

Timeline For a 1031 Senior Housing Exchange

Like we said earlier, senior housings can take a considerable amount of time to sell. Once the deed of sale has been signed, however, the clock begins ticking on a person or entity’s eligibility for the 1031 exchange of senior housing. In order for the new acquisition to be valid in a 1031 exchange, a new asset must be purchased within 180 days (approximately 6 months) of the sale.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Senior Housing

With pressing deadlines and endless paperwork (most of which we are afraid to mention), most senior housing sellers use a specialty 1031 exchange intermediary to facilitate the sale and tax process. In doing so, investors can spend more time and less money on their senior housing transition.

What’s the Best 1031 Exchange For a Senior Housing?

Despite only being available in a handful of countries, many American investors are unaware of the unique opportunity they have in owning mineral rights. By purchasing mineral rights in a 1031 exchange of senior housing, former senior homeowners can develop a steady stream of passive royalty payments in exchange for leasing their rights to an oil and gas company. As a drastically different business model than senior housing, mineral rights are a great way to retain the most from a 1031 exchange while paving a path for ongoing financial freedom.

No matter what industry you are in, starting a successful business is rarely easy. Although the world is becoming increasingly digital every day, many businesses still require a physical office space to host staff, meetings, and daily business administration. On top of a lease or purchase, a successful office space also requires a significant amount of capital sunk into furniture, equipment, and other small assets.

If your business has decided to liquidate, selling office furniture and equipment is a great way to earn cash outside of ordinary company operations. Whether the capital is used to keep your business afloat or simply to recoup losses, the bulk sale of office furniture and equipment is likely to come with a large cash inflow.

For large businesses with a significant amount of office space, pricey equipment sales are likely to warrant capital gains taxes, even through bankruptcy. In order to defer capital gains taxes, businesses and individuals can utilize a 1031 exchange with the purchase of a new property. In this article, we will break down the 1031 exchange process when selling your office’s assets.

How to Sell Office Furniture and Equipment

First, let’s look at the office furniture sales process. If you only have a handful of desks, some old computers, and a copier, then it will be very easy to find a buyer through traditional peer-to-peer marketing channels. Both physical and digital, this includes:

  • Word of mouth/networking in the building and nearby
  • Or local listing sites like Craigslist, Facebook Marketplace, etc.

For small sales, a few hundred dollars will not warrant any capital gains taxes be applied. In large office downsizes, moves, and liquidations, however, a large sum of assets can quickly reach price tags of tens of thousands of dollars. Today, many large companies utilize consulting agencies and assert intermediaries to facilitate an easy and quickly profitable sales process.

Determining the Value of Office Furniture and Equipment

To keep it simple, the total value of an office overhaul sale is just the sum of all of its parts. Although many things cannot be sold (like the coffee machine that should have been replaced years ago), a lot of furniture and equipment within an office retains its value quite well. While the true value of your furniture and equipment is simply what the buyer is willing to pay, you can get a baseline valuation by totaling your sellable assets. This includes:

  • Desks, chairs, and tables
  • Computers, phones, and other electronic devices
  • Cabinets, bookshelves, and misc hardware
  • Copiers, printers, shredders, and other appliances
  • Any diminishing assets on hand (printer ink, paper, stationery, etc.)

As ordinary wear and tear are minimal, office administrators with assets less than 10 years old can typically earn back over 50% of their initial investment. If you are working with an agency, they may ask for your proof of purchase receipts as well as any maintenance history for large appliances.

Taxes Paid on Selling Office Furniture and Equipment

If you are selling your office furniture and equipment as part of a large corporate takeover, then all of its value will be bundled with the overall deal. However, if you are selling the office assets to a private party (business or individual) as a one time deal, then federal and local taxes will be applied. This includes sales tax and capital gains taxes.

Selling Office Furniture and Equipment with a 1031 Exchange

Thankfully, every penny of capital gains taxes applied to the sale of office furniture and equipment can be deferred by purchasing an equal or greater valued asset through a 1031 exchange. For many businesses strapped for cash, 1031 exchanges are extremely valuable for both maximizing the sale and investing in new businesses assets for future growth. It is also possible to invest in assets that have a lower value than your sold equipment, however only partial capital gains taxes would be deferred in these instances.

Office Furniture and Equipment Like-Kind Properties

The key element of a 1031 exchange is the investment in a new “like-kind” property. The IRS views most property assets (both physical and non-tangible) as like-kind properties for office furniture and equipment. For example, a large liquidation of office assets can be sold in a 1031 exchange if a company were to subsequently purchase:

  • Other kinds of equipment
  • Cars, trucks, vehicles, etc.
  • A new office building or manufacturing facility
  • Private property investments (apartments, new construction, etc.)
  • Mineral rights and royalties

Office Furniture and Equipment 1031 Exchange Timeline

Once your furniture and equipment are sold to the new buyer, an entities’ eligibility for a 1031 exchange begins. In order to remain valid, the taxpayer must submit at least one of three plausible new assets within 45 days of the sale. Ultimately, the company must purchase a new asset (or multiple bundled assets) within 180 days of the sale of office equipment in a 1031 exchange.

1031 Exchange Intermediaries for Selling Office Furniture and Equipment

As we have alluded to earlier, there are many consultants and intermediaries that specialize in the liquidation and sale of office equipment and furniture. In order to meet deadlines and maximize the value of your transition, it is strongly recommended to sell office furniture with the help of a third party.

Why Purchase Mineral Rights and Royalties?

Although it might be a bit of a left turn for most individuals and companies, investing in mineral rights and royalties is actually one of the best ways to maximize the value of a 1031 exchange. When selling office furniture and equipment, a reinvestment in mineral rights is a quick way to liquidize while setting up a new potential value stream.
Once purchased, mineral rights can then be leased to oil and gas companies in exchange for ongoing mineral royalties. Oil and gas leases are designed to compensate mineral rights owners over time as successful operations are able to find, extract, and sell natural resources to help fuel today’s world.

Shipping containers and cargo trailers are some of the most versatile assets in the world. As they can be used to store just about anything (including people), shipping containers have been utilized by many real estate developers far and wide seeking spacious protection from the outside elements.

If you are a company or private investor with connections in the manufacturing or transportation industries, then you may have an opportunity to sell shipping containers in large quantities to independent developers. With big-ticket deals pushing into the five digits, considerable taxed amounts can accumulate after the sale of a shipping container.

In the United States, taxpayers have the unique opportunity to defer capital gains taxes paid on large assets such as cargo and shipping containers with a 1031 exchange. By doing so, the potential profit of the sale can be maximized with the investment in a new property. Below, we will break down the steps of a 1031 exchange in detail when selling a shipping container.

How to Sell Shipping Containers

For a lot of people, selling a shipping container is the easy part. Shipping containers are bought and sold on the open market, now more than ever. Finding a buyer is generally not difficult when exploring the available avenues of today like online listings and networking.

This is especially true as demand for shipping containers has skyrocketed in recent years. Depending on the condition and quantity of your shipping containers, companies and representatives from the following industries may be interested in a purchase:

  • Transportation
  • Commercial development (shops, restaurants, parking, etc.)
  • Residential development (homes, condos, apartments, etc.)
  • Public development (schools, libraries, etc.)
  • Determining the Value of Trailers and Shipping Containers

For sellers, increased global demand for high-quality shipping containers has increased the average cost per unit by estimates over 300%. While the cost to purchase can still be considered relatively low, it is the cost to ship the containers, ironically, that typically drives up the value by two or three times the original buying price. With transportation in mind, the sale of a large fleet of containers is typically maximized when finding a local seller.

Taxes Paid on Selling Cargo and Shipping Containers

While one or two shipping containers are unlikely to warrant considerable taxation, big industry sales may be forced to turn over nearly 40% of their earnings to federal and local governments. Aside from sales and local taxes, considerable transactions may also require single sellers to pay capital gains taxes on the release of the asset. As we have mentioned above, this can be avoided by utilizing a 1031 exchange.

Selling Trailers and Containers with a 1031 Exchange

Capital gains taxes essentially penalize investors for liquidating their property. In an effort to retain as much capital as possible, a 1031 exchange is used to virtually “trade” an asset for a sold item, deferring capital gains taxes.
If you were to sell your inventory of shipping containers, then you would be able to eliminate all capital gains taxes otherwise paid if you choose to purchase a new asset through a 1031 exchange. Likewise, partial deference is possible through the reinvestment of one or multiple lower-valued items.

Trailers and Containers Like-Kind Properties

When “trading” properties in a 1031 exchange, shipping containers must be replaced with an asset that is a “like-kind” property. Under the IRS code, most personal property can qualify for a reasonable exchange with a shipping container, which includes both tangible and intangible assets. Among other choices, the following can be considered like-kind properties of cargo and shipping containers:

  • Trailer parks
  • Golf Courses
  • Intellectual property
  • Farmland
  • Water and ditch rights
  • Mineral rights and royalties
  • And many more

Trailers and Shipping Containers 1031 Exchange Timeline

When the deed of sale has been completed, a taxpayer’s eligibility for a 1031 exchange begins. In order to remain active, shipping container sellers must identify at least one reasonable replacement asset within 45 days of the sale. The taxpayer can then submit up to two more properties for approval, regardless of their value within the full 180-day timeline for a valid 1031 exchange.

1031 Exchange Intermediaries for Selling Trailers and Containers

In order to meet deadlines and maximize their new investment, many busy taxpayers choose to utilize a 1031 exchange in the sale of cargo and shipping containers. Not only do intermediaries know the ropes for filing approved government paperwork, but specific industry connections may also allow open doors for wise reinvestments.

Why Purchase Mineral Rights and Royalties?

If you are evaluating new property options after the sale of cargo and shipping containers, then you may be overwhelmed when considering all of the options available. While unfamiliar territory may make you reluctant to test new investment waters, many successful investors know the strength of active mineral rights in a portfolio.
As a mineral rights owner, Americans have the opportunity to lease the subsurface of a given plot of land to an energy company. In the lease, mineral rights owners are compensated for their investment through a stream of mineral rights royalties. These royalty payments are typically delivered monthly, as a fixed percentage of resource sales defined in the lease agreement.

Around the world, it is very rare for property owners to be able to split their estate and sell or lease their personal mineral rights. In today’s world of increasing energy consumption, mineral rights are very valuable for the ongoing demand of the earth’s natural resources.

Conclusion

In the third decade of the 21st century, shipping containers are one of the most surprisingly valuable assets for a large number of industries. If you choose to sell when the time is right, considering a 1031 exchange may be a very valuable decision for long-term financial health and security. When considering new investments, mineral rights and royalties are an excellent way to secure a hands-off property designed to generate passive income.

Living out in the country is a breath of fresh air for most people. For others, hanging up the cowboy hat and heading to the city or the coast may be the ultimate choice in order to enjoy life to the fullest. For farmers and ranchers alike, selling the property is a big step, no matter what the next step might be.

If you decide to sell your ranch, then you may be eligible for a 1031 exchange, so long as the sale does not include your primary residence. For ranchers with multiple properties, 1031 exchanges help taxpayers retain as much of their capital as possible when it comes time to sell, by “trading up” for a new personal property.

In this article, we will outline the entire 1031 exchange process, beginning with the sale of a ranch. With this, we will present mineral rights as one of the most important things to consider when identifying new properties to purchase within the exchange.

How to Sell A Ranch

First things first, let’s sell your ranch. For those that are not aware, ranches are large plots of land for raising cattle and other livestock, typically found in western North America. While a farm is used to grow agricultural crops, ranches are primarily used for producing meat, dairy, and other animal products. In some cases, ranches and farms are simultaneous if the property is dedicated to multiple disciplines. Today, ranches also offer many services beyond their exports including horseback riding, accommodation, event hosting, and more.

Ranches can be sold on the open market, just like any other personal property. While many ranchers start with a simple sign in their front yard, there are also a number of different marketing methods that can be used to locate a buyer. Today, ranches are typically sold in online auctions with the help of a broker or industry-specific real estate agent.

Determining the Value of Ranches

Even if you are planning to use an agent in the sale of your property, it is generally a good idea to have an approximate estimate of your ranch’s value. A ranch is essentially just a sum of its parts, which add up together to make the property’s total value. In order to begin to get an idea of your ranch’s value, it’s good to make a list of its features including:

  • Acreage
  • Land condition
  • Number of existing structures and condition
  • Whether or not livestock is part of the package
  • Included water or mineral rights
  • Zoning elements
  • And more

In truth, the actual value of a ranch is only going to be as much as a buyer is willing to pay. In booming areas of the United States, land for continued ranching or otherwise repurposing can be extremely valuable when considering the potential development onsite.

Ranches can be sold with or without present livestock, which can add a significant amount of value to the sale in question. Before putting a price on your ranch, it is always a good idea to check local listings of similar properties in order to gather information on current market conditions.

Taxes Paid on Selling Ranches

In most parts of the United States, ranches of all shapes and sizes sell for hundreds of thousands of dollars, and often even more. Not only are ranches used as homes, second homes, and country getaways, but they can also be used to start a business and begin earning revenue. If your ranch is not your primary home, the sale of it generally warrants:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

Unfortunately, ranch sales are subject to considerable taxation, at rates up to over 40% of the sale price. While most of this is unavoidable, capital gains taxes can be deferred by taxpayers who choose to purchase a new property in a 1031 exchange.

Selling Ranches with a 1031 Exchange

Under the IRS code for a 1031 exchange, the rules are laid out simply so that investors can avoid capital gains taxes otherwise associated with the liquidation of their assets. When purchasing a new property of equivalent or greater value, investors can “trade” their ranch for a new asset, and avoid paying capital gains taxes entirely. In a similar vein, new assets of a lesser total value can be purchased to avoid a partial amount of the capital gains tax.

Ranches Like-Kind Properties

In order for a 1031 exchange to truly be complete, taxpayers must acquire a like-kind asset after the sale of a ranch. Ranches are one of the highest valued kinds of personal property on the market today, so exchanging for a new, more expensive asset may actually be a bit difficult. However, if you don’t need the cash immediately, the following properties can be considered as “like-kind” for ranches:

  • Farms and farmland
  • Apartment buildings
  • Condos
  • Vacation rentals
  • Shops and malls
  • Mineral rights and royalties
  • And more

Ranches 1031 Exchange Timeline

1031 exchanges have a purchasing period of 180 days. This means that as soon as your ranch is sold, you have approximately 6 months to replace it with a new asset and follow the proper paperwork with the IRS. While this may seem like a long period of time, it is important to note that taxpayers are required to identify at least one new, potential property within 45 days of the sale.

Why Purchase Mineral Rights and Royalties?

In the United States, investors can buy and sell mineral rights, regardless of the surface rights of a property. In this split estate model, mineral rights owners are able to enter into oil and gas lease agreements with companies interested in extracting and selling any natural resources found on the property. With this, monthly oil and gas royalty checks are paid to mineral rights owners if the operation goes as planned.

Conclusion

In conclusion, ranches can be sold for a large amount of money, more of which can be retained with a 1031 exchange. When considering a 1031 exchange, many busy investors find that working with a specialized 1031 exchange intermediary can save time and maximize the potential of a further investment of the capital.

For the past 20 years, software has slowly risen to become one of the highest valued industries in the world. With global potential and minimal starting costs, tech entrepreneurs everywhere have made millions of dollars with the development and deployment of software.

While many choose to sell software as a service (SaaS), other free software like apps and online marketplaces can sell advertisements for ongoing revenue streams. As a successful product on the market, software owners have the choice of either maintaining their service or selling the company that the software supports.

When choosing to sell, software can yield enormous cash flows for the purchase of cutting-edge or popular technologies. With this, considerable taxation is usually applied, some of which can be avoided with a 1031 exchange.

In this article, we will explain how to 1031 exchange software. With this, we will explore like-kind properties such as mineral rights and royalties for maximum returns on the software sale.

How to Sell Software

Before you can 1031 exchange software, you will first need to sell it. There are hundreds of thousands of jobs for software sales in the United States, although most of these are based around user acquisition. If you are the owner of a piece of software (i.e. you built it or bought it, then you have every right to sell your intellectual property, hardware, userbase, and more in a full transfer of ownership.

Depending on the quality of your product, it is generally not difficult to find buyers. In fact, many software developers in the startup universe simply built products just to sell them for enormous profits at later dates. If your “company” is nothing more than some of the best code ever written, then you will likely be selling simply the software’s “IP” in the event that there are no employees or pieces of hardware necessary to maintain the program.

Determining the Value of Software

Software and software companies are constantly being sold on the open market at an immense range of valuations. National and local headlines in tech industry blogs often cover software sales, so it is relatively easy to estimate the approximate worth of your software ware. Of course, the value of software is largely intangible, with an enormous focus being put on the software’s potential, rather than its current condition.

The following attributes should be considered when determining the value of software:

  • Current availability (on-market or off-market)
  • Number of users (if applicable)
  • Software cash flow (current and future projects)
  • Potential revenue streams
  • Integration with purchasing entities systems and IP
  • And more

Taxes Paid on Selling Software

Although many will tell you that they’ve been burst by the dot com bubble one too many times, software sales continue to earn developers large amounts of money every year in the United States. If done legally, software sales are subject to significant taxation from the local and national government. For big sales, capital gains taxes may be applied at rates as high as 20% of the transaction value.

How to 1031 Exchange Software

A 1031 exchange of software is an IRS designated transaction that allows taxpayers to defer up to 100% of the capital gains taxes applied to the sale. In order to eliminate every dollar of the capital gains tax, sellers must acquire a new asset of equivalent or greater value in order to 1031 exchange software. Here, the 1031 exchange essentially allows individuals to “trade up” their software for a new property.

Of course, if you sold your software at such a high price that you never have to work another day in your life, it is possible to acquire an asset at a lower valuation. With this, partial capital gains taxes can be deferred.

Software Like-Kind Properties

Despite the fact that software and software companies are largely intangible, the IRS views their IP as simple personal property, just like most of the things that are bought and sold on the open market. Under the 1031 exchange code, software sales must be followed by purchases of “like-kind” property for a valid transaction and tax deferment. Like-kind properties for software or software companies may include:

  • Collectibles (cars, toys, etc.)
  • Boats
  • Vacation Rentals
  • Convenience Stores
  • Trailer Parks
  • Water and Ditch Rights
  • Mineral Rights and Royalties
  • And more

Timeline For a 1031 Software Exchange

From the exact day of the sale, sellers have 45 days to identify at least one reasonable property to purchase in a 1031 software exchange to remain eligible for the transaction. Up to two more properties can be considered regardless of their value, and purchase must be made within 180 days of the sale.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Exchange Software

It has become increasingly common for investors to utilize specialized 1031 exchange intermediaries when selling high-value software. With an intermediary, it can be much easier to handle all negotiations, paperwork, and exploration for new properties in a 1031 exchange.

What’s the Best 1031 Exchange For a Software?

If you are about to 1031 exchange software, you’ll find a wide variety of new assets to choose from. Although options are limitless for personal assets in the United States, mineral rights are one of the best properties to acquire in a 1031 exchange. As a largely hands-off asset, mineral rights entitle you to the ownership of the natural resources found below the surface of the earth in a designated area.

As a mineral rights owner, oil and gas companies can lease your land to extract and sell valuable resources on the open market. In exchange, you will receive mineral royalty checks as outlined in your mineral rights lease agreement.

Conclusion

When it comes time to sell your software, you can be in for a large influx of cash if your product is worth it. Although it is tempting to go overboard with celebrations, a reinvestment of your capital with a 1031 exchange can not only save you money on the sale of software but also generate a future stream of income.

What’s in a name? Sometimes everything. If you or your company has a valuable trademark, then it can likely be sold for a tremendous amount of capital. While trademarks and intellectual property sales are generally a smaller part of a larger merger, sales with large bottom lines are often an attractive choice after building a successful brand.
When it comes time to sell your trademark or intellectual property (IP), hefty transactions are often lessened by local and federal taxes. In the United States, capital gains taxes can be deferred on the sale of trademarks or IP with the use of a 1031 exchange.

In this article, we will detail the steps required for selling trademarks and intellectual property when utilizing a 1031 exchange. As the acquirement of a new asset is necessary, we will also demonstrate how mineral rights can be an attractive option for new capital investment.

How to Sell Trademarks and Intellectual Property

Do you remember the process of creating your trademark? The eventual sale of intellectual property will actually resemble it in a lot of different ways. Once you’ve found a buyer, trademark, and intellectual property sellers are required to notify the U.S. Patent and Trademark Office (USPTO) and file the necessary paperwork to transfer ownership.

More often than not, the sale of a trademark or IP is the result of a buyer finding a seller, rather than the other way around. With that said, if you are interested in selling your trademark, there are a few designated online listing sites available that act as a virtual IP marketplace. Beyond this, word of mouth and industry outreach are other popular ways to sell potentially valuable trademarks to relevant buyers.

Determining the Value of Trademarks and Intellectual Property

Although they are intangible, trademarks and intellectual property can be extremely valuable to their owners. Prices are completely up to the discretion of the seller, and IP sales generally come after several negotiations.

The actual value of any kind of intellectual property is truly only determined by a price that a buyer is willing to pay. Trademarks and IP are usually purchased with future cash flows in mind as a result of the acquisition of the property.

Taxes Paid on Selling Trademarks and Intellectual Property

High ticket trademarks and intellectual property can be taxed at rates up to 40% in some areas of the United States. This sizable chunk of the sale price can be accounted for through the following taxations:

  • Federal Income Taxes
  • Capital Gains Taxes
  • Sales Taxes
  • Local Taxes
  • And More

While most of these payments cannot be avoided, investors in the United States have the unique opportunity to defer all or some of the capital gains taxes paid on the sale of trademarks and intellectual property. To do so, taxpayers must purchase a new property to “replace” the trademarks or IP through a 1031 exchange.

Selling Trademarks and Intellectual Property with a 1031 Exchange

In a 1031 exchange, trademarks, copyrights, and IP can be sold free of capital gains taxes with the purchase of an asset of equal or greater value. If taxpayers choose to purchase a new asset of lesser value than their sold IP, then it is possible to defer only some of the capital gains taxes that would otherwise be paid in the year of the sale. With rates up to 20% for some individuals, 1031 exchanges are one of the most popular tax-saving strategies in the US.

Trademarks and Intellectual Property Like-Kind Properties

At the heart of a 1031 exchange, it is essentially a legal way to “trade” your IP for another asset to maximize your wealth. In the United States, the IRS will typically allow most reasonable personal property acquisitions to qualify for a 1031 exchange with the sale of trademarks, copyrights, patents, and IP. Most commonly, taxpayers can purchase:

  • Land
  • Businesses
  • Farms
  • Art Work
  • Apartment Buildings
  • Mineral Rights and Royalties
  • And more

Trademarks and Intellectual Property 1031 Exchange Timeline

By law, taxpayers using a 1031 exchange have 180 days to purchase a new asset after an intellectual property sale. This equates to roughly 6 months. From the date of the sale, it is required that sellers identify at least one reasonable property that can be considered for purchase. This does not need to be the actual asset required, as sellers can identify up to three potential assets for consideration, regardless of their value.

1031 Exchange Intermediaries for Selling Trademarks and Intellectual Property

With paperwork, deadlines, and new properties to consider, most busy investors choose to utilize a 1031 exchange intermediary when selling trademarks, copyrights, and IP. Specialized 1031 exchange intermediaries are very valuable resources for ensuring the successful completion of the transaction with maximum return on investment potential.

Why Purchase Mineral Rights and Royalties?

When considering new assets after the sale of trademarks and IP, it may be difficult to know where to start. In the United States, investors have the unique opportunity to purchase mineral rights, which can be leased to oil and gas companies for the exploration and sale of natural resources.

As a mineral rights owner, successful energy operations entitle you to monthly mineral royalty payments. Royalty payments, also known simply as royalties, typically come in the form of a fixed percentage of operational profits, as defined in an oil and gas lease agreement.

Conclusion

In conclusion, mineral rights and royalties should strongly be considered when selling trademarks, intellectual property, or copyrights in a 1031 exchange. By avoiding capital gains taxes and earning future mineral royalties, taxpayers can maximize their IP sales with a smart reinvestment of capital. For this reason, we strongly recommend working with 1031 exchange intermediaries with exceptional knowledge in the mineral rights industry.

With a fee simple interest, you have it all. In the United States, a fee simple interest contract designates the highest level of private property ownership in which a single party owns the land as well as everyone on it, under it, or above it.

If you own your home in the United States, then there is a large chance that you own your property in a fee simple interest agreement, which is also known simply as a “fee simple” or “fee simple estate.” Whatever you call it, this absolute ownership of property is generally only limited by local HOAs or zoning laws.

When it comes time to sell your fee simple interest, hefty taxations can be avoided with a 1031 exchange if the property is not your primary residence. For second homes, abandoned lots, forest land, and more, fee simple interests can be exchanged for new properties completely void of capital gains tax otherwise paid.

In this article, we will break down the process of using a 1031 exchange in the sale of a fee simple interest. When it comes time to identify a new property in the exchange, we will explain how mineral rights can be a wise investment for Americans looking to earn a steady stream of oil and gas royalties.

How to Sell Your Fee Simple Interests

As we mentioned above, and it is worth saying again, a fee simple interest cannot be used in a 1031 exchange if the property is your primary residence. Beyond this, there are little to no restrictions on selling fee simple interests, only typically bound by geographic restrictions. In fact, fee simple interests (or similar ownership structures) in foreign countries can also be sold in the United States with a 1031 exchange.

With this in mind, there are essentially an infinite amount of ways to sell a fee simple interest to another person or larger private and public entities. Online auctions and digital listings are now considered to be the primary avenue for easy and legitimate private fee simple interest sales.

Determining the Value of Your Fee Simple Interests

In many cases, the value of a fee simple interest is an afterthought. Although the exchange is incredibly common, not many people consider the fact that they own their property’s subsurface or limited airways. To determine the value of a fee simple interest, in most residential situations, is simply to assess the value of the property and surface rights.
No matter the category of property your fee simple interest falls into, it is likely that there are many personal properties like it for sale on the market today. Because of this, it is very easy to evaluate the approximate worth of your fee simple interest by finding similar properties based on the following criteria:

  • Land size
  • Local market trends
  • Number of buildings and condition
  • Historic valuations and improvements
  • Mineral rights potential
  • Rezoning possibilities
  • And more

Taxes Paid on the Selling Fee Simple Interests

As property owners know all too well, the sale of a fee simple interest often occurs a large amount of taxation from federal and local governments. Truth be told, high price tag sales can have capital gains taxes at rates up to 20%. For this reason alone, 1031 exchanges are extremely popular with investors looking to defer as much taxation as possible on the sale of a fee simple interest.

Selling Fee Simple Interests with a 1031 Exchange

In a 1031 exchange, you are not selling fee simple interests so much as you are “trading” them for a new property. 1031 exchanges are made up of two individual private property sales transactions, linked together by a few governmental documents.

If the new property is of equal or greater value than the sold fee simple interest, then all capital gains taxes can be deferred, no matter the rate at which they were applied. New properties of lower value can also be purchased in a 1031 exchange, although only a portion of the taxes is then withheld.

Fee Simple Interests Like-Kind Properties

Fee simple interests come in all shapes and sizes, so the IRS allows essentially any personal property (tangible or intangible) to be purchased in a 1031 exchange, capital gains tax-free. In the United States, fee simple properties can be exchanged for:

  • Commercial buildings
  • Rental Properties
  • Farmland
  • Collectibles
  • Mineral Rights and Royalties
  • And much more

Fee Simple Interests 1031 Exchange Timeline

After you sell your fee simple interest, then you must identify at least one eligible property for a 1031 exchange within 45 days of the sale. This does not necessarily need to be the one purchased, but a new asset must be secured within 180 days in order to qualify for a valid 1031 exchange.

1031 Exchange Intermediaries for Selling A Fee Simple Interests

Although we are just scratching the surface here, fee simple interests require a significant amount of time, attention, and paperwork for a successful reinvestment of your wealth. It is advised to seek professional help if 1031 exchanges are new investment territory.

Why Purchase Mineral Rights and Royalties?

Although you can choose to purchase nearly anything on this planet after selling a fee simple interest, mineral rights are a great opportunity for a strong reinvestment. By purchasing the subsurface rights of a portion of land, your mineral rights can pave the way for a steady flow of oil and gas royalties in a successful oil and gas lease.

While mineral rights are already a part of a fee simple interest, they can also be bought and sold independently in a split estate. Mineral rights in a city are far less valuable than mineral rights in a known oil and gas exploration area. For the best-case scenario, selling a fee simple interest for profitable mineral rights is done with the help of a specialized 1031 exchange intermediary.

Owning mitigation credits is an incredible way to diversify your wealth for a worthy cause. Mitigation banking helps keep our country’s wetlands and healthy and abundant. Whether your mitigation credit has significantly raised in value, or you are simply not in it for the money, they can be sold or traded for other personal assets.

In the United States, taxpayers have the opportunity to utilize a 1031 exchange in the sale mitigation credits. In doing so, capital gains tax that would have otherwise been applied is withheld, so long as taxpayers invest in a new like-kind asset.

While money can essentially be placed anywhere, if your dream to restore a wetland area has been surpassed by the desire to earn more income, you may want to explore the option of investing in mineral rights. With a 1031 exchange, migration credits can be sold at the highest legal profit margins, while reinvesting in long term mineral royalties. In this article, we will break down the process step by step to answer questions and help you get started.

How to Sell Your Mitigation Credits

Although it requires a significant amount of time and effort, it is generally fairly easy to sell mitigation credits in the United States. In fact, if you are considering reinvesting mitigation credits into the oil and gas industry, these companies may actually be your target market.

Extraction of the earth’s natural resources requires mitigation rights, so oil and gas companies are often willing to pay a large lump sum for the opportunity to explore what was otherwise protected territory.

Determining the Value of Your Mitigation Credits

As more and more of the resources in the United States are depleted, mitigation credits have actually been rising in value steadily since their introduction on the market. With serious improvements to land and water systems, the value of a mitigation credit can double or triple its value in a short period of time.

While selling to an oil and gas company is an option, mitigation credits can also be sold to other private investors that want to continue the site’s restoration and conservation efforts. If this is the case, values can range dramatically based on:

  • Percentage ownership
  • Habitat acreage
  • Project age
  • Intended uses
  • Location
  • And more

Taxes Paid on the Sale of Mitigation Credits

If you make a considerable amount of cash from mitigation banking, sales from mitigation credits must be reported on your personal income tax each year. On top of this, capital gains taxes may be applied if the gain is significant enough. As mentioned above, capital gains taxes can be deferred using a 1031 exchange.

Selling Mitigation Credits with a 1031 Exchange

A 1031 exchange essentially allows American taxpayers to “trade” their assets for one another without having to pay for capital gains taxes that would have been applied. If the new asset is of less value then the mitigation credits, than it is possible for only some of the capital gains taxes to be deferred. For this reason, many investors see 1031 exchanges as a chance to reinvest in a more valuable or cash flow positive asset.

Mitigation Credits Like-Kind Properties

By definition, mitigation credits are not considered to be tangible personal property. For this reason, they can be exchanged for other intangible assets such as:

  • Mineral rights and royalties
  • Intellectual property
  • And water and ditch rights.

Beyond this, the IRS is typically lenient when it comes to the true definition of “like-kind” properties. In fact, mitigation credits can be used to purchase many physical assets including:

  • Farms
  • Apartment buildings
  • Malls and retail shops
  • Condos
  • And more

Mitigation Credits 1031 Exchange Timeline

As soon as a mitigation credit is sold, a taxpayer’s eligibility for a 1031 exchange begins. In total, the investor must purchase a new asset within 180 days of the sale, after identifying at least one potential property within 45 days. In total, 3 properties can be identified for consideration in a 1031 exchange, regardless of their value.

1031 Exchange Intermediaries for Selling A Mitigation Credits

With strict deadlines, fine print, and a whole lot to consider, 1031 exchanges are best completed with the help of an intermediary. Having a legal representative on your side will not only streamline the process of the exchange, but may also be able to help in the identification of a new asset. If you are considering selling your mitigation credits to an oil and gas company, then it is strongly recommended to work with an experienced oil and gas industry 1031 exchange intermediary.

Why Purchase Mineral Rights and Royalties?

If you own mitigation credits or have been interested in mitigation banking for a while, then you are probably well aware of what mineral rights are and how they work. For those new to the idea, mineral rights represent the ownership of the subsurface of a property.

Although mineral rights are not available in many countries throughout the world, Americans have the opportunity to sell or lease mineral rights for a tremendous financial gain. If valuable natural resources are found on the property, many extraction companies may be interested in working with a mineral rights owner.

In a mineral rights lease, mineral rights owners are entitled to a fixed percentage of the profits on resources sales forms the property. Here, it is crucial to negotiate and maximize your mineral rights share so as to earn the most money in your future royalty payments.

Conclusion

In conclusion, the endurance of mitigation banking has provided many mitigation credit owners the opportunity to sell their shares and earn a tremendous amount of income. In the United States, smart reinvestment with a 1031 exchange, enables taxpayers to keep more of their money while reorganizing their wealth. Today, there are few and far better investments than mineral rights.

Foreign property is exciting to purchase, but can often be excruciating to sell. Depending on the country in which you’ve invested, you may be seeing a huge developmental gain or a staggering financial loss if the time has come to sell your foreign property.

While land and buildings in areas outside of the United States are subject to the laws of their native country, if you are a taxpayer in the US, then the sale of your foreign property will also accumulate hefty regulation and taxation on your income.

With this in mind, double taxation will quickly eat away at your chances of turning a profit on your international investment. To mitigate this, capital gains taxes are often deferred by way of a 1031 exchange, which requires former property owners to “trade” their sold property for a new, similar investment.

In this article, we will outline the steps necessary to 1031 exchange foreign property and eliminate capital gains taxes. With this, we will also showcase the strength of mineral rights and other profitable investments as the new properties chosen in a 1031 exchange of foreign property.

How to Sell Your Foreign Property

Before you can 1031 exchange a foreign property, you will first need to sell it. Selling is typically done through an intermediary unless the property is the seller’s personal residence, in which case it may be sold directly from the owner. Real estate practices, systems, and laws are different in every country around the world, so sellers must be aware of all of the regulations pertaining to the sale of their property.

Determining the Value of Your Foreign Property

Somewhat obviously, the value of your foreign property is going to be determined by a myriad of factors that will differ based on location. If you did not make any improvements on your property, then it will likely be sold at a similar value as to when it was purchased. If you are choosing to sell your foreign property by yourself, it is important to check the current market conditions in your area and adjust the price accordingly.

With the sale of foreign property, sellers must also consider the current exchange rate for local currencies back to USD. Everything on US taxes must be reported in US currency, so any gains on foreign property sales must be reported as so. Large differences in exchange rates may be responsible for net loss or gain on a property.

Taxes Paid on the Selling Foreign Property

Whenever a foreign property is sold by a US taxpayer, they will pay the IRS an amount of money that is commonly known as an “expat tax,” as the sum of a few different plausible taxations. In the event of a foreign property sale, the net loss or gain of the sale must be reported within Section D on that year’s income tax return. From there, losses cannot be written off, whereas gains are subject to taxation from federal, state, and capital gains taxes.

Gains up to $250,000 can actually be excluded from domestic taxation from the sale of foreign property abroad. Here, foreign properties that served as a taxpayer’s primary residence for at least 2 of the last 5 years are eligible for gains exclusions on property tax.

How to 1031 Exchange Foreign Property

If the net gain on your foreign property sale is large enough, then it will likely be subject to capital gains taxes in the sale’s calendar year. In the United States, the IRS has granted the unique opportunity to “trade” foreign properties in a 1031 exchange in order to defer capital gains taxes. Even if the taxation isn’t significant, utilizing a 1031 foreign property exchange in order to maximize property sales with new, cash-positive assets, will be well worth it.

Foreign Property Like-Kind Properties

Whenever a foreign property is 1031 exchanged, it must be “replaced” with a new, similar or “like-kind” property. While you may be selling land, buildings, or other high-ticket items overseas, personal property sales can be exchanged for many different kinds of assets in the United States. So long as you are selling a home, a building, or your foreign property, 1031 exchange can mitigate capital gains taxes if you purchase:

  • Another physical property (in the US or abroad)
  • Collectibles and artwork
  • Conservation easements
  • Mineral rights and royalties
  • And more

Timeline For a 1031 Foreign Property Exchange

Once the property is sold, taxpayers then have to identify one new property within 45 days if they would like to remain eligible for the 1031 foreign property exchange. This does not necessarily need to be the purchased property, and two other potential assets can be properly identified, regardless of their value. If no new properties are purchased within 180 days of the sale, then the foreign property seller is no longer eligible for a 1031 exchange.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Exchange Foreign Property

Due to the complexities of undergoing a 1031 foreign property exchange, most investors typically choose to use a specialty 1031 intermediary for the sale of property in relation to domestic taxation. In some cases, intermediaries are also able to help identify new properties that are best suited for the investor’s budget and goals.

What’s the Best 1031 Exchange For a Foreign Property?

Taxpayers are free to choose from a wide variety of new assets after the sale of a foreign property. But unlike in most countries around the world, United States property owners have the unique opportunity to 1031 exchange foreign property into mineral rights. With mineral rights, the subsurface of a property can then be elapsed or sold to oil and gas companies hoping to explore and extract minerals from the land. When these natural resources are sold, mineral rights owners are then entitled to mineral royalties, which come in the form of a monthly payment from the operation’s profits.

If your foreign property is not your primary residence then it will likely be necessary that capital gains taxes are paid. So long as you are not in the need of house hunting, mineral rights, and royalties service as the perfect reinvestment of wealth for the 1031 exchange of a foreign property. They are often hands-off investments with the potential for large streams of future royalty payments.

Owning your own vacation home can be a paradise for those fortunate enough to invest in a second home or apartment. Not only does a second home provide a great source of income, but it can also be enjoyed any time of the year when guests are not around.

Of course, if the right opportunity comes, selling a vacation property can be an attractive idea for a quick lump sum of cash. When weighed against the ongoing maintenance, marketing, and upkeep of a leased second home, a large sale is a great way to diversify your wealth once the allure of frequent getaways has worn off.

Unfortunately, with a large sum of cash being transferred to personal income, vacation home sales often lead to excessive taxation from the IRS. High valued vacation rentals are subject to capital gains taxes, which can be deferred in a simple 1031 exchange.

Vacation homes are one of the most commonly used assets in 1031 exchanges, as many wealthy investors have seen the opportunity to “trade up” for new property tax-free. In this article, we will outline the steps necessary to 1031 exchange second home or other vacation property and avoid capital gains tax and maximize profit.

How to Sell A Second Home

Before you can 1031 exchange vacation home, you will first need to sell it. If you’ve owned your second home for a while, chances are that you’ve had your fair share of offers from guests after their week in paradise. Whether or not you should take these handshake deals is up to you, know that the 1031 exchange is a much better way of selling your vacation property in the 21st century.

Determining the Value of A Vacation Home

With rapid acceleration in condensed areas, a second home can bring a tremendous gain in the right areas of the country. Conversely, natural disasters, poor upkeep, or depleting local economies unfortunately often land vacation property sellers with less than what they paid for originally.

If you plan to list your vacation home yourself or would like to get a ballpark idea of its value before speaking with a broker, one must consider the following factors to determine the value of a vacation home:

  • Size of home
  • Condition and upkeep
  • Current leasing price and rental history
  • Community amenities
  • Staffed or contracted services onsite

In popular vacation destinations, there are many similar vacation rentals within close proximity to one another. If you are selling in a dense area, the easiest way to get an idea of your second home’s value is to look at local listings for buildings and land that share similar characteristics with your vacation home.

Taxes Paid on the Selling Second Home

Unlike in the sale of a personal residence, vacation homes that can be considered a business or second home are subject to capital gains taxes in the event of a sale. Capital gains taxes can be as high as 20% on expense vacation homes, in addition to the federal, local, and sales taxes that are also applied to the bill of the sale. With every dollar adding up, many investors choose to defer capital gains taxes on sales through a 1031 second home exchange.

How to 1031 Exchange Vacation Home

In a 1031 exchange, vacation home sellers must purchase a new asset “in exchange” for their old property. If the new property is of equal or greater value, then taxpayers through the 1031 exchange have the opportunity to defer every dollar of capital gains taxes. In the same vein, lower-valued assets can be purchased for a partial omittance of capital gains taxes.

Vacation Home Like-Kind Properties

As alluded to above, vacation homes are some of the most commonly used assets in 1031 exchanges. Sales of second homes are subject to taxation, but capital gains taxes are completely avoided with the proper paperwork and the purchase of a new “like-kind” asset. In a 1031 exchange vacation home can be exchanged for many like-kind assets, including:

  • Apartment Buildings
  • Trailer Parks
  • Convenience Stores
  • Golf Courses
  • Farms
  • Water and Ditch Rights
  • Mineral Rights and Royalties
  • And more

Timeline For a 1031 Second Home Exchange

Once your second home is sold, you have exactly 180 days (or about six months) to purchase a new property for a valid 1031 exchange of the second home. If filed correctly, taxpayers will completely defer capital gains taxes in the year of which the exchange was completed. Additionally, it is important to note that one “reasonable” property must be identified within 45 days of a vacation home sale for the taxpayer to remain eligible for the 1031 exchange.

For additional requirements, please see our 1031 Exchange Rules and Requirements Page.

Using an Intermediary to 1031 Exchange Second Home

For most, the process of filing governmental paperwork and meeting strict deadlines can be daunting in an already busy life. Because of this, many sellers will choose to work with an intermediary in order to 1031 exchange vacation home smoothly and make sure the reinvestment is maximized when identifying the new asset for the 1031 exchange.

What’s the Best 1031 Exchange For a Vacation Home?

Although taxpayers are free to 1031 exchange second homes for a wide variety of new properties, mineral rights offer a unique opportunity for investors looking to maximize their wealth. In the United States, mineral rights can be leased to oil and gas companies to explore, extract, and sell natural resources from the subsurface of a property. In doing so, mineral rights owners earn oil and gas royalties as a fixed percentage from the monthly operations.

Conclusion

After years and years of vacations, when it comes time to sell your vacation home, 1031 exchange is one of the best decisions that can be made. If you are seeking an income stream that is a bit more passive than maintaining a second home, mineral rights are one of the best new properties that can be purchased income tax-free in a 1031 exchange.