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Kevin Taylor

Tax Mitigation Playbook: What Is Depreciation and Why Is It Important to a 1031 Exchange?

Depreciation is a major part of the appeal of real estate ownership. Taking the “wear and tear” of a property as a loss against the rental gains makes a huge impact on the personal tax strategy. But the effect of Depreiscation is an essential concept for understanding the true benefits of a 1031 exchange and where the taxes ultimately catch up, to the investor. This is Key: Depreciation is the percentage of the cost of an investment property that is written off every year, recognizing the effects of wear and tear. Before you sell, or even list a property, you should know what the amount you have deprecated is, and what you can expect as part of the depreciation “recapture.” When a property is sold, capital gains taxes are calculated based on the property’s net-adjusted basis, which reflects the property’s original purchase price, plus capital improvements minus depreciation. If a property sells for more than its depreciated value, you may have to recapture the depreciation. That means the amount of depreciation will be included in your taxable income from the sale of the property. Since the size of the depreciation recaptured increases with time, you may be motivated to engage in a 1031 exchange to avoid the large increase in taxable income that depreciation recapture would cause later on. Depreciation recapture will be a factor to account for when calculating the value of any 1031 exchange transaction—it is only a matter of to what degree.

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Boulder Financial Planners and Real Estate Experts
Articles
Kevin Taylor

How do use a 721 exhange?

Let InSight break down the 721 exchange, somewhat similar to the 1031 exchange, which provides investors with a smart way to postpone capital gains taxes when letting go of a property that they’ve held for business or investment purposes. These tax-saving strategies present compelling alternatives to the conventional sale process, which often comes with a hefty tax bill, sometimes reaching 20 to 30% of the capital gains (you can use our capital gains tax calculator to estimate your specific situation). The 1031 exchange permits investors to defer capital gains taxes by selling an investment property and reinvesting the proceeds in a similar asset. However, it might not align with the goals of certain investors. For instance, someone might be attracted to the stable income, tax advantages, and potential appreciation offered by a Real Estate Investment Trust (REIT), which doesn’t meet the criteria for a 1031 exchange. In a 721 exchange, a real estate investor can defer capital gains taxes when selling a property while simultaneously acquiring shares in a REIT. Now, let’s delve into the details with these key questions: How does a 721 exchange work? In a 721 exchange, also known as a “UPREIT,” an investor transfers property to a REIT in exchange for units in an operating partnership, which will later convert into shares of the REIT itself. What are the primary benefits of a 721 exchange? Passive Income: REIT shareholders enjoy passive income as professional managers oversee the REIT’s operations and asset management. This means investors can take a hands-off approach while the managers make daily decisions about the portfolio, including acquisitions, dispositions, and distributions. Tax Advantages: Thanks to the 721 exchange structure, gains from property sales are deferred. In a standard sale, these gains would be taxable. Combining this tax with depreciation recapture (used to offset property taxes) can sometimes result in a tax burden exceeding 25% of your sale gains. With a 721 exchange, you sidestep these significant taxes and can use the full sale proceeds to buy REIT shares. However, it’s important to weigh this against the fees associated with completing the 721 exchange. Diversification: A 721 exchange allows investors to purchase shares of a REIT, which brings diversification benefits. REITs typically hold properties in various geographic locations and offer diversification in tenant types, industries, and sometimes asset classes. This broadens an investor’s interests beyond a single property, providing advantages like real estate appreciation, depreciation tax benefits, and income in the form of dividends. Estate Planning: The 721 exchange can be a valuable strategy in estate planning. Physical real estate can be challenging to sell and may lead to disputes among heirs. However, by employing a 721 exchange, the benefits continue during the investor’s lifetime, and upon passing, the shares can be equally divided or liquidated by trust heirs. Since the shares pass through a trust, heirs receive a step-up in basis and avoid capital gains and depreciation recapture taxes deferred by the estate. Can an investor combine a 1031 exchange with a 721 exchange? While each REIT has specific acquisition criteria that may not match the property an investor wishes to relinquish, a solution exists. Investors can combine a 1031 exchange with a 721 exchange, allowing them to acquire a fractional interest in high-quality properties that meet the REIT’s criteria. This fractional investment must be held for a sufficient period, typically around 24 months, to preserve the 1031 exchange. The good news is that the investment may generate dividends during this period. Afterward, the fractional investment can be contributed to the REIT in exchange for operating partnership units based on the property’s value, which are then exchanged for direct ownership of REIT shares. Can an investor perform a 1031 exchange after a 721 exchange? Unfortunately, REIT shares themselves cannot be used in a 1031 exchange. Therefore, once a 721 exchange is completed, capital gains tax deferral options come to an end. If REIT shares are sold or if the REIT sells a portion of its portfolio and returns capital to investors, they will be required to recognize any capital gains or losses when filing their taxes.

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Articles
Kevin Taylor

Mastering Reverse 1031 Exchanges: Unlocking Opportunities When Timing Matters Most

Reverse 1031 Exchange Rules Under IRS rules, Internal Revenue Code Section 1031 states that “no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment.” In a typical 1031 Exchange, a taxpayer must sell the old property, known as the Relinquished Property, before acquiring the new property, the Replacement Property. However, due to various circumstances, a taxpayer may risk losing the opportunity to purchase the desired Replacement Property if its closing date comes before the sale of the Relinquished Property. Sometimes, the Relinquished Property might already be under contract. Still, the closing is scheduled after the Replacement Property purchase or the Relinquished Property may not yet be listed or under contract. In such cases, taxpayers can utilize a Reverse Exchange. What is a Reverse Exchange? A “Reverse Exchange” occurs when a taxpayer needs to secure the Replacement Property before the sale of the Relinquished Property. The key to making a Reverse Exchange work is to restructure it so that it no longer appears “reverse” at all. In 2000, the IRS introduced a set of guidelines providing a “safe harbor” for Reverse Exchanges under Rev. Proc. 2000-37. These are commonly known as “parking arrangements,” where either: (i) a property is purchased and “parked” by an exchange accommodation title holder (EAT) for the taxpayer’s benefit until the taxpayer can arrange the sale of the Relinquished Property, or (ii) the taxpayer transfers the Relinquished Property to an EAT, receives the Replacement Property, and later the EAT transfers the Relinquished Property to the buyer. Following these safe harbor rules allows taxpayers to structure a Reverse Exchange in compliance with IRS requirements. Reverse Exchange Process Let’s walk through how a Reverse 1031 Exchange works. Essentially, the IRS has made it easier than it may seem. By utilizing an EAT, a taxpayer can have the Replacement Property “parked” and held on their behalf. They then have up to 180 days to sell the Relinquished Property and complete the exchange. Since the taxpayer does not directly acquire the Replacement Property before the sale of the Relinquished Property, the transaction is executed in the correct sequence as per IRS rules. Though it may seem like a bit of “smoke and mirrors,” the technique is authorized by the IRS. Financing in a Reverse Exchange When considering a Reverse 1031 Exchange, financing is an important aspect. The EAT does not provide the funds to purchase the replacement property. Instead, this can be achieved through a loan from the taxpayer to the EAT, or via a bank loan. The loan is typically paid off once the Relinquished Property sells. During the period when the Replacement Property is held by the EAT, it is leased to the taxpayer, allowing them to sublease it to tenants, collect rent, and manage expenses. Ultimately, the EAT earns a fee for its services, while the taxpayer retains the economic benefits. Cost of a Reverse Exchange The cost of a Reverse 1031 Exchange varies based on several factors, including property type (residential, commercial, industrial), property value, and the source of financing (taxpayer-funded or bank-financed). Additional considerations, such as environmental issues, may also impact costs. Since the exchange company holds the title, these variables play a role in determining the overall expense. Relationship of Reverse Exchange and Forward Exchange There is often confusion between Reverse Exchanges and Forward Exchanges. Taxpayers may ask, “Why do I need a Forward Exchange if I’m doing (and paying for) a Reverse Exchange?” Although they relate to a single transaction, they are separate but essential parts. The Reverse Exchange allows the Replacement Property to be secured, preserving the taxpayer’s ability to exchange for it. Technically, a Reverse Exchange is not a 1031 Exchange but rather a mechanism to facilitate one. The Forward Exchange is the actual 1031 Exchange, where the Relinquished Property is sold and replaced. Both processes are necessary to complete a successful Reverse Exchange. The Forward Exchange is handled by a Qualified Intermediary under a different set of IRS rules than those governing an EAT providing Reverse Exchange services. It is possible to use a single company, like InSight 1031, to act as both the EAT and the Qualified Intermediary, or separate companies specializing in one type of exchange service. The content in this blog is intended for informational purposes only. It is not to be construed as investment, legal, tax, or compliance advice. InSight 1031 operates as a Qualified Intermediary, facilitating tax-deferred exchanges under Section 1031 and does not provide investment, legal, or tax advisory services.

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