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I Need To Extend My 1031 Exchange 45 Day ID Deadline
2008-06-17 09:35:12
We hear this comment all the time.  It is usually more of a plea than a comment or question.  The 45 calendar day deadline to identify your like-kind replacement property is a very short period of time and can be very challenging, frustrating and stressful.  1031 Exchange Deadline s Part Of Tax Code Unfortunately, there is no way to extend your 1031 exchange deadlines or due dates, u
Read more: Extend

Where In The World Did The 1031 Exchange Come From?
2008-06-16 22:24:04
I read a lot of blogs on 1031 exchanges.  It helps me keep abreast of what the 1031 exchange industry is doing and where it is going.  I've seen a number of blog posts all of the sudden that have been giving out incorrect information regarding when and where the 1031 exchange transactional structure came from.  Not Another History Lesson Now, don't get me wrong.  I am not a his
Read more: Exchange , World

Is The 1031 Exchange Right For You?
2008-06-16 10:32:55
1031 Exchange s Have Had A Great RunThere has been a tremendous amount of attention given to 1031 exchanges over the last decade or so, and for good reason.  There have been significant gains in the value of real estate and many real estate investors are adjusting their real estate portfolios in order to prepare for their retirement years.  1031 Exchange May Not Be The Right ChoiceHowever


Straddling Two (2) Tax Years With A 1031 Exchange
2008-06-16 02:17:27
1031 Exchange Period You know that as a real estate investor completing a 1031 exchange you have exactly 180 calendar days to finsh your 1031 exchange by purchasing all of your replacement properties, which includes conveyance (receipt) of title, no later than the 180th calendar day from the date that your relinquished property (sale) closed and title was transferred or conveyed to the buyer.
Read more: Years

Advanced Improvement 1031 Exchange Strategy
2008-06-15 03:16:28
I'm often asked if a real estate investor can sell their relinquished property and then "acquire" like-kind replacement property in order to satisfy their 1031 exchange requirements by buiding structures on or otherwise improving real property they already own.  The technical answer is no.  The real estate investor must acquire a real property interest that they do not already
Read more: Exchange , Improvement , Strategy

Certain States Do Not Recognize 1031 Exchanges
2008-06-14 12:54:53
The State Of PennsylvaniaOne of the states within the U.S. that has an antiquated income tax policy in terms of the disposition of investment real property is the state of Pennsylvania.  The state of Pennsylvania does not recognize tax-deferred exchange transactions pursuant to Section 1031 of the Internal Revenue Code.Federal Versus State Code Section 1031 of the Internal Revenue Code is a s
Read more: Recognize , States

1031 Exchange Discussion Forum
2008-06-13 19:46:45
Starting A Discussion Board Or Forum Starting a discussion board of any type or topic is a very difficult proposition, but launching one that focuses specifically on real estate investments and even more specifically on 1031 exchange related issues is virtually impossible.  However, there is a relatively new discussion board that has taken hold and has over 800 blog posts already.  The E
Read more: Exchange

Selling Internet Domain Address? Ever Thought Of Defering The Taxes From The Sale?
2008-06-13 10:10:42
I know, I know.  This post is straying from the topic of investment real estate.  However, it is actually related to real estate more than you might realize.  I have met so many real estate professionals over the years that have incredible internet properties holdings (i.e. a portfolio of internet properties, web sites or domains).  These internet properties can actua
Read more: Address , Internet , Taxes

Economics More Important Than Income Tax Considerations
2008-06-12 14:33:53
1031 Exchange Investors Have Difficulty Locating Suitable Investment PropertyWe often hear our 1031 exchangors express frustration when working with their tax-deferred exchanges that they are having difficulty in locating, identifing and ultimately acquiring good suitable replacement real estate within the challenging 1031 exchange deadlines.  This has always been a challenge for 1031exc
Read more: Considerations , Economics , Income , Income Tax

Taxation of Failed Like Kind Exchanges: When Are They Taxed?
2008-06-12 10:52:09
We are well beyond the income tax return filing deadline for most taxpayers (Apirl 15th), but we are still receiving lots of technical questions regarding the filing and reporting of like kind exchanges on taxpayers' income tax returns, especially on like kind exchanges of real property that failed and are now taxable.  Failed 1031 exchanges are taxable, but when do you recognize and pay
Read more: Taxation

1031 Exchange 45 and 180 Day Due Dates
2008-06-19 09:41:35
There was a post in the 1031 exchange forum regarding the 1031 exchange due dates, which I responded to and then posted about (see previous blog post).  I thought it would be a good idea if I followed the last post with a discussion regarding the 1031 exchange due dates so that everyone is clear in terms of what is permissible and what is "way outside the box." 1031 Exchange Du


In Search Of The Exceptional 1031 Exchange Qualified Intermediary
2008-06-30 13:30:51
Thinking Outside The Box  There is a memorable scene in the movie, Apollo 13, when NASA engineers challenge themselves to develop an oxygen scrubber for the crippled lunar module carrying astronauts home from an aborted moon mission. The engineers dump cardboard boxes holding items aboard the module; filters, hoses, wires and parts of space suits cover the table. The chief engineer begins: &l
Read more: Exceptional , Exchange , Search

It's 3:00 In The Morning ... Will Your 1031 Exchange Expert Pick Up The Phone?
2008-06-28 13:46:03
Waking Up In A Cold SweatWe can't always choose when an idea or a burning question will pop into our heads. And it's not unusual for that to happen after one's head has hit the pillow and the light is switched off. Anytime Access To 1031 Exchange Expert s “If I could only call now," one laments, "I have to know or I won't rest.” How many of your vendors and business partners w
Read more: Morning

1031 Exchange Reference Book
2008-06-26 21:50:30
There is an amazing amount of information circulating on the Internet today regarding 1031 exchanges.  There are websites, webpages, weblogs, flyers, pamphlets, brochures, books, manuals and more about 1031 exchanges.  There are also 1031 exchange calendars, calculators, and widgets.  Where do you turn?  What do you do?  Gray Areas The challenge with 1031 exchanges is that
Read more: Exchange

Federal Reserve Leaves Interest Rates Alone
2008-06-25 13:30:12
Fed Fund Interest Rate Remains Unchanged The Federal Reserve left the closely watched Fed Funds interest rates alone at 2.00%.  This is the first time that the Federal Reserve has not lowered rates since last summer.  Fed Expresses Concern Over Inflation Concern was also expressed about inflation and inflation expectations by the Federal Reserve, but there was no hint of an imminent rise
Read more: Rates

Reverse Exchanges Can Save The Day
2008-06-25 09:11:46
Real Estate Market Has Changed I am probably stating the obvious, but our real estate market, including investment real property, has changed quite a bit over the last couple of years, especially over the last 12 months.  These changes can significantly complicate a real estate investors ability to dispose of investment real property and structure a tax-deferred exchange.Closing Sal
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Completing IRS Form 8824 With A Reverse Exchange
2008-06-24 08:48:34
Reverse Exchange I is important to first understand how a reverse exchange transaction is actually structured in order to better understand how to successfully complete the IRS Form 8824.  First, the term reverse exchange is a  little misleading. It is really not a true reverse exchange.  True reverse exchanges mean that the real estate investor would purchase and acquire legal titl
Read more: Completing , Reverse

1031 Exchange Workshop in Irvine, CA (It's Not Just Another 1031 Exchange Seminar)
2008-06-23 21:03:41
1031 Exchange Workshop This is not just another 1031 exchange seminar.  It's a 1031 exchange workshop where you can roll up your sleeves and learn about the requirements, structures, processes, strategies, and compliance issues necessary to successfully complete a 1031 exchange transaction.Continuing Education Credits Available Continuing education credits available for Realtors, CPAs and CFPs
Read more: Irvine , Seminar

Weekly Commentary June 23, 2008
2008-06-23 15:35:48
The Markets The three Cs-credit, crude, and consumers-are still impacting the direction of the financial markets. Just when you think the credit markets have reached bottom, another multi-billion dollar write-down seems to pop up. Last week, Citigroup warned that it may take additional markdowns on its subprime portfolio when it announces second quarter earnings in July, according to TheStreet.com
Read more: Weekly

Follow-up Post to The Market Is Coming....
2008-06-22 18:44:09
This is a follow-up post to my last post entitled The Market Is Coming....The Market Is Coming....after reading another letter from The Kiplinger Letter.  Very Slight Increase In 1031 Exchange VolumeI am still convinced that we have hit the bottom of the real estate market, but just  in terms of transaction quantity.  The weekly 1031 exchange transaction volume has been slowly incre


The Market Is Coming....The Market Is Coming....
2008-06-22 17:37:24
The Kiplinger Letter I am finally getting caught up on most of my reading this weekend and finally got my pile of The Kiplinger Letters. Have you ever read The Kiplinger Letter?  If you read The Kiplinger Letter like I do, then you know that they are short, sweet and to the point, and usually very close to the mark. I love their editorial style. The Kiplinger Letter dated 
Read more: Market

Deferring Capital Gain Taxes When Going Through a Short Sale
2008-07-17 22:13:46
Can a 1031 Exchange Be Structured With a Short Sale? I get asked this question all the time.  Can a real estate investor going through a short sale transaction also structure and complete a 1031 exchange transaction in order to defer the payment of their depreciation recapture and capital gain income taxes resulting from the short sale transactoin.  This is really a fantastic questi
Read more: Going , Taxes

Income Tax Consequences of a Failed 1031 Exchange Because of a Failed Qualified Intermediary
2008-07-17 17:56:44
Income Tax Effects of 1031 Exchange Failure after QI FailureThe Chief Counsel for the IRS responded to a request for information regarding the taxation for a 1031 exchange transaction that had failed because the 1031 exchange Qualified Intermediary had embezzled funds, filed for bankruptcy and failed.  The real estate investor was not able to complete their 1031 exchange transaction, lost the
Read more: Income , Income Tax

1031 Exchange of Foreign Property
2008-07-14 19:35:28
We've been fielding more and more questions recently about the ability for real estate investors to 1031 exchange investment properties located in foreign countries.   There is a common belief that real estate investors can not 1031 exchange foreign investment property, but that is simply not true and I thought it was time to set the record straight.  1031 Exchange s of Domestic Prop
Read more: Foreign

1034 Exchange and 121 Exclusion Explained
2008-07-14 18:57:31
Our last post regarding 1033 exchanges resulting from an involuntary conversion of real property triggered an email asking for more information regarding the 1034 exchange and the 121 exclusion, which were described on the web page linked to in our prior post.  1034 Exchange (Repealed) The 1034 exchange was repealed in 1997, which means that it no longer exists.  The 1034 exchange only a


What Is A 1033 Exchange?
2008-07-14 08:53:50
Tax Deferred and Tax Exclusion Tax Planning Real estate investors have most likely heard of the 1031 exchange, and have probably used a 1031 exchange to defer the payment of taxes on the sale of investment property over the years, but have most likely never heard of the 1033 exchange.  1031 and 1033 refer to the sections in the Internal Revenue Code.  There are a number of tax-deferral a
Read more: Exchange

Holding For Sale vs. Holding For Investment
2008-07-13 03:29:30
How Long Do I Need to Hold Property?One of the most frequent questions I get asked is how long do I need to hold the relinquished property that I want to sell and/or how long do I need to hold the like-kind replacement property acquired as part of a 1031 exchange to ensure that my 1031 exchange will qualify for tax-deferred exchange treatment should I get audited.  Intent to Hold for Investme


Can You 1031 Exchange Your Primary Residence?
2008-07-12 15:06:01
I receive calls each and every week, in fact its almost every day, asking if the caller can use the 1031 tax deferred exchange when they sell their primary residence.  They do not want to have to pay any capital gain taxes on the sale of their home.  The answer goes back to my favorite answer: it depends!  Generally, the answer is no.  The 1031 exchange requires the taxpay
Read more: Exchange , Primary , Residence

The Bottom Feeders Are Jumping into the Real Estate Market Using Reverse 1031 Exchanges
2008-07-12 12:25:48
The Bottom Feeders Are Here Have you noticed the same trend in the investment real estate market cycle that we have?  Bottom feeders are jumping in.  The bottom feeders have realized that we are getting close to the bottom of the investment real estate market cycle and are starting to jump into the real estate market by acquiring distressed properties, such as foreclosures, short-sale pr
Read more: Estate , Jumping , Market , Reverse

Advanced Planning Required When 1031 Exchange Property Owned in Partnership
2008-07-09 20:33:59
Historically Partnerships were the Entity of Choice The entity of choice for investment in real estate during the 1960s, 1970s and especially into the 1980s were either general partnerships (GP) or limited partnerships (LP). Partnerships were easy to set-up. Partnerships were pass-thru entities for income tax purposes so that the underlying investors (partners) could benefit from pass-thru depreci
Read more: Exchange

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