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Forums » Tax, Legal Issues, Contracts, Self-Directed IRA » 1031 Exchange- Make sense?

1031 Exchange- Make sense? Subscribe to 1031 Exchange- Make sense?

19 posts by 10 users

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Real Estate Investor · Los Angeles, California


Hey there,

I was wondering at what point a 1031 makes sense? I have a property which is the first I've held over a year. Someone told me to consider a 1031, but is it worth it if the profits are only 40K?


Real Estate Investor · Dallas, Texas


I would look in to it, but not do gymnastics to get it done. Your new deal should make sense on its own. Have you calculated recaptured depreciation into your gain?

Jon K., VentureNet
E-Mail: jklaus@vnetinc.com
Telephone: 214-929-6545
Website: http://www.caddostar.com
Traveling to Dallas? Check out our ranch cabin getaway. www.caddostar.com


Landlord · Seattle, Washington


Or selling costs, improvements?


Real Estate Investor · Springfield, Missouri


The worst thing about a 1031 is the fees charged for the simple filings and acting as the intermediary, my last one was almost a grand, for practicly nothing. If you can get past the rip off for settlement, 40K might be worth it. But Uncle Sam will get you later even if you defer the amounts today.


Real Estate Investor · Dallas, Texas


"Uncle Sam will get you later". Unless you successfully kick the tax can down the road until you kick the bucket and your estate deals with it at the stepped up basis.

Jon K., VentureNet
E-Mail: jklaus@vnetinc.com
Telephone: 214-929-6545
Website: http://www.caddostar.com
Traveling to Dallas? Check out our ranch cabin getaway. www.caddostar.com


Real Estate Investor · San Diego, California


$40,000 is generally worth it. Most Qualified Intermediaries charge around $750.00 to $850.00 to process all of your legal documents.

The fee should cover preparation of review of your transaction to ensure compliance with the tax code, preparation of legal documents, assisting your with the process, including the 45 day identification period, and answering your questions as you go along.

The 1031 Exchange is a tax-deferred strategy. It keeps your money working and growing for you, so it is generally a wise tax planning strategy. And, if you continue to exchange until you die, you leave the property/assets to your heirs who will inherit the property at a stepped up cost basis. The capital gain tax goes away.


· San Jose, California



Misia,

We here at NES Financial, think it is definitely a strategy you should look into. By deferring your capital gains tax, you increase your purchasing power.

[SOLICITATION REMOVED]


Real Estate Investor · Los Angeles, California


Thank you all for your input. The 40K is just an estimate, but yes of course I considered the costs of improvement and closing costs. Again, thanks for your advice as I wasn't sure it would be worth it, though now I will look further into it.


Note Investor · Pasadena, California


Since you've held the property for more than one year, you would only be subject to long term capital gains, which would be your current tax bracket.

Depending on what you were going to do with that $40K, a 1031 may or may not be beneficial to you.

If you were going to buy more real estate, then yes a 1031 is probably going to be in your best interest, since you would be deferring taxes on your profit.

If you found what you thought was a better investment than real estate, then a 1031 is of no use to you at this time.

Small_logoLoc R., Individual/Private Note Buyer
E-Mail: locatelli.rao@gmail.com
Website: http://www.lrprivatenotebuyer.com
I buy individual notes - all states, shapes & sizes.


Escrow Officer · Indianapolis, Indiana


It depends upon your intentions. Do you intend to replace with another rental or investment property? The next step is to determine the the capital gains tax so you understand the tax due if you don't initiate a 1031 exchange. Talk with an accountant to run through the numbers.


Real Estate Investor · South Carolina


Originally posted by SolidReturns
Since you've held the property for more than one year, you would only be subject to long term capital gains, which would be your current tax bracket.

The long term capital gains tax rate (thru the end of 2012) is not your tax bracket, but either 0% or 15% depending upon your tax bracket. Unrecaptured depreciation is taxed at 25%


Real Estate Investor · Los Angeles, California


Thanks everyone! I guess the big issue for me here is (correct me if I'm wrong) that I should probably be buying (with the 1031) a long-term property. Because if I were to purchase a flip property with these profits, I would just pay those taxes on that flip, so yes they were deferred, but I'm still paying them a couple months later. But if I buy something long-term, I can defer them for years and years and then sell and buy something else long term, etc... yes?


Real Estate Investor · South Carolina


Your assessment is basically correct. However, a property you purchase to flip is not eligible to partipate in a 1031 exchange. The replacement property in a 1031 exchange must be held for investment use, or for use in your business.

Flip property does not meet the "qualified use" requirement.

Instead, look at the tax impact of a sale. Will the net profit on the sale be "earned" in the 15% tax bracket? If so, then the capital gains tax due to appreciation is zero.

Do you have suspended loss carryovers that effectively nullify the capital gain. If so, then a 1031 might not make sense.

As Bill Exeter already said, the reason to do an exchange is to put the money you would have paid to the IRS to work for you instead. For me, the breakeven point is when the cost of the exchange is equal to or greater than the amount of taxes I would save by doing an exchange.


Real Estate Investor · Los Angeles, California


I see, thank you for the clarification.


Real Estate Investor · Aurora, Illinois


I have my personal property that I bought a year ago for 75k, I put about 12k into it and have the chance to sell it for 120k. Can I do a 1031 tax exchange on my own residence? Im selling because im relocating to florida and want to buy a home down there soon. Im just not sure if you are allowed to do it on your primary residence. I want to take away as much money at closing as possible. Any help would be appreciated. Thanks


Real Estate Investor · Springfield, Missouri


Are you going to consider that you pay future gains with cheaper dollars?


Real Estate Investor · Aurora, Illinois


I just want to keep the most now at closing. Is it possible to not pay any capital gains on my scenario?


Landlord · Seattle, Washington


A home used for your personal residence does not qualify for 1031 tax treatment.


Landlord · Seattle, Washington


While you do not qualify for a 1031 exchange, you might qualify for a gain exclusion.

You must have owned in the home at least 2 years. (Ownership test)

You also must have lived in the home at least 2 years in the last 5 years. (Use test)




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