There are some good real estate deals out there and investors are eager to take advantage of the lower pricing before the market turns (yes, it will turn). However, in a climate where properties are taking longer to sell, property owners are finding reverse exchanges an excellent strategy to defer capital gains tax.
Reverse exchanges may be the answer if the exchanger finds new replacement property and must close before the other property sells; or if the property up for sale fails to close on time and the exchanger cannot postpone the closing of the new purchase.
This tax structure also gives investors the flexibility to search for new property first, or even make an offer on a foreclosed property, which may have to be purchased in as little as 30 days. Once accepted, a Reverse Exchange can be set up and the property to be relinquished then listed for sale.
In a reverse, the exchanger acquires the replacement property before selling another. Since the exchanger cannot hold title to both properties at the same time, title to one must be "parked" with a Qualified Intermediary, acting as the Exchange Accommodation Titleholder (EAT).
Another creative approach is the Reverse Build-to-Suit Exchange, allowing the investor to purchase property first and make improvements prior to the relinquished property sale. Businesses that need to remain active and keep a continued income stream during a move utilize this approach.
Reverse Exchanges are more costly and involved than Delayed Exchanges, but are quite useful in helping an exchanger defer capital gains taxes under Section 1031. These factors can be justified by the flexibility gained by doing Reverse Exchange.
Patricia Flowers is assistant vice president for Investment Property Exchange Services, Inc. (IPX1031), Boston.
Boston, MA Newmark has completed the sale of 10 Liberty Sq. and 12 Post Office Sq. Newmark co-head of U.S. Capital Markets Robert Griffin and Boston Capital Markets executive vice chairman Edward Maher, vice chairman Matthew Pullen, executive managing director James Tribble,
While there is some flexibility when structuring a like-kind exchange, some important requirements must be met. A mistake can ruin your exchange. Here are five mistakes to avoid:
Many real estate investors do not understand the specific requirements that must be met to secure the benefits of a tax-deferred 1031 exchange. For example, the replacement property must be identified within 45 days of the closing date of the relinquished property.
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