InSight

Tax Mitigation Playbook: How much money do you have to reinvest?

Financial Planning Dentist

In order to defer ALL capital gains and depreciation recapture taxes from the sale of the Relinquished Property the taxpayer must pay an equal or higher price for the Replacement Property than the Relinquished Property was sold. Should any debt or amount not be reinvested this portion, called boot, would be taxable.  

The “Boot” is any non-like-kind property or property(ies) that do not qualify, which could include cash, notes, partnership interests, securities, inventory, or property held primarily for sale not investment, etc. Boot is categorized into two types: cash boot, which is cash received, and mortgage boot, which is any reduction in loan or debt on the exchange. Any boot received during a 1031 exchange is subject to taxation as either depreciation recapture or capital gain. 

It is important to note that any credits on the settlement statement directly paid out to the taxpayer may also result in boot and a taxable event. If certain situations are not handled properly in the construction and administration of the 1031 exchange it can result in credits on the settlement statement. Here are a couple of common situations: 

If earnest money is paid out of pocket by the taxpayer then it will be credited on the settlement statement. To avoid this, the earnest money should be paid by the qualified intermediary out of the exchange funds whenever possible. 

If the settlement statement shows credits for property taxes, security deposit(s), or rent prorations those would be taxable. Instead, the taxpayer should consider asking the seller to pay these items outside of the closing. 

In summary, to avoid a taxable event in its entirety the taxpayer must reinvest equal to or greater than the value of the sale of the Relinquished Property. However, the taxpayer may take cash out, creating boot, but they will have to pay the associated taxes. 

More related articles:

Boulder Financial Advisors, Investing, Artificial Inteligence
Articles
Kevin Taylor

The investment potential of Artificial Intelligence (AI)

Investment in artificial intelligence (AI) has been steadily increasing over the past few years, with companies across various industries recognizing the potential benefits it can bring. The global AI market is expected to grow from $10.1 billion in 2018 to $126 billion by 2025, according to a report by MarketsandMarkets.

Read More »
Articles
Kevin Taylor

Using a Delaware Statutory Trusts (DST) with 1031 Exchange Investments

Delaware Statutory Trusts (DSTs) are extremely popular with 1031 exchange investors. In addition to the tax mitigation aspects of the 1031 itself, they allow investors to diversify the make-up of an investment portfolio, access new buildings and investment types, and easily scale up or down the size of their real

Read More »
Boulder Colorado Financial Planning
Articles
Kevin Taylor

Navigating the Intricacies of Taxes in Retirement: A Comprehensive Guide

Retirement – a phase that symbolizes relaxation and the freedom to delve into passions and hobbies without the regular hustle of a 9-to-5 schedule. However, this new chapter also brings forth unique financial scenarios, with taxes in retirement often being an overlooked, albeit vital, aspect to consider. The Inescapable Reality

Read More »

Pin It on Pinterest