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Forums » Real Estate Deal Analysis and Advice » how to profit using 1031 exchange

how to profit using 1031 exchange Subscribe to how to profit using 1031 exchange

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· Georgia


Hi, I'm trying to understand the 1031 exchange. How do you receive your profits when you execute a 1031 exchange? Or do you always have to put all profits to another property? Which means that you can never see your cash unless you sell the property outright and pay the taxes you owe? Thanks for all responses!


Real Estate Investor · ten mile, Tennessee


Kellen, in theory the only profits that you recieve are on paper since they are put right back into a property and you do not have the cash itself.

Therefore the IRS in section 1031 of their code allows you to delay the payment of the taxes owed until a future date since you did not recieve any actual money.

There are several sites that will explain this and more to you if you do a google search using "1031 exchange"

This is just one of those results which seems to be to explain it pretty good in their FAQ section about it.

http://www.1031.org/about1031/faq.htm


Real Estate Investor · Denver, Colorado


A 1031 exchange only defers taxes. You are correct that if you don't take the profit and pay the taxes, you'll never get it.

You don't have to exchange the entire amount of the gain. But you do have to pay taxes on any amount you take out.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · dc, Washington D.C.


Please correct me if I'm wrong. If he has enough equity in the property, and if he's able to do a cash-out refi, then couldn't he refinance his "profit" out of the equity before selling?

Also, I believe those proceeds shouldn't be taxable, because they came out of borrowed funds.

Nevertheless, assuming I'm correct about the cash-out refi, then he'll still want to run that 'taxable proceeds' issue past his CPA.


Real Estate Investor · Denver, Colorado


Loans have no effect on the gains on a purchase and sale.

So, you buy something for $100K. It's now worth $150K. You want to sell it and roll the $50K gain into a new property. Say the new property is $200K. I believe it must be worth more than the one you're selling to do a 1031. That's a legit transaction, and you avoid the tax on the $50K gain. Ignoring costs, you put $100K into the first property and another $50K in to buy the second.

Now, with loans. Say you borrowed 80% for the first one, so you have $20K in and a $80K loan. Now its worth $150K. Lets say you refi for $120K (80%, as if you could get that these days). You walk away with $40K after paying off the existing loan, plus any paydown on the original loan. Now you sell for $150K. You pay off the $120K loan, leaving $30K (still ignoring costs) in cash and a $50K gain. If you only roll the $30K in cash into the new property, you're short by $20K. So, you either need to come out of pocket to make that up, or its taxable "boot" from the transaction.

So, it works out exactly the same. You put $20K in. On the refi, you got that $20K back, plus $20K from the gain. When you sell, you have to contribute the gain you took out on the refi, or you pay taxes just as if you'd taken that on the all cash deal.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · dc, Washington D.C.


Actually, I wasn't thinking about appreciation, but you did answer the question that I asked. :wink: However, my fingers and brain were apparently not in sync; I meant to ask if he could do a refinance to cash out all--or at least a portion--of his original down payment (for the current property), roll the gain (50K using your example) into the next purchase via a 1031 exchange, and not generate a taxable event (by deferring the taxes on the gain)?


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