Exchanging vacant land for a home under construction

Exchanging vacant land for a home under construction

FOUNTAIN VALLEY, CA · Member since 2012 · 3 posts · 1 vote

Hello BiggerPockets!

Here is general background to my question:

My company is building 5 new single-family homes in California with the intention to sell them. An owner of a large parcel of vacant land contacted me and said that we could exchange 1 of our houses for her vacant land and 100k. She said that the exchange would be considered 'like-kind' as long as we can do the trade before our home receives the certificate of occupancy from the city. After the exchange takes place, she wants to rent the new house out and we intend to take title to her land and build and sell 3 new sf homes on it. We are not generally concerned with capital gains taxes. To us, the deal yields a higher return as an exchange than it does if we were to buy her vacant land outright and then build 3 homes on it.

Here is my question:

Does this exchange sound possible in terms of the 1031 rules?

Are there normally additional closing costs involved with 1031s? If so,what is a ball-park assumption?

What major issues am I missing?

Any input is appreciated. Thanks to BiggerPockets!

-Ryan

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Bill ExeterBusiness Member
1031 Exchange Qualified Intermediary · San Diego, CA · Member since 2008 · 1k+ posts · 1k+ votes
12y

It depends on which side of the fence you are one. It would not qualify from your perspective because your intent is to build and sell (not hold for investment). It may qualify from her perspective if she is disposing of land and acquiring a rental property that she intends to hold for rental.

Exeter 1031 Exchange Services, LLC and Exeter Trust Company4.726 Reviews
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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    Don't think so. A 1031 is for the exchange of long term investment investments. Building or flipping a house isn't a long term investment. Building a spec house would be inventory, and not eligible for cap gains anyway.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    12y
    Originally posted by @Wayne Brooks:
    Don't think so. A 1031 is for the exchange of long term investment investments. Building or flipping a house isn't a long term investment. Building a spec house would be inventory, and not eligible for cap gains anyway.

    Agreed, I think you'd have an issue with like kind. @Bill Estes maybe? :)

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y

    It seems possible, but I don't see why you are worried since you aren't attempting a 1031 exchange. You're just supplying a replacement property for somebody who is doing that 1031 exchange so you are under no obligations to serve as the advisor to your buyer.

    BTW - in this case it could qualify under like kind as long as this replacement property is held long term, and that seems to be your buyer's intent at this point.

  • Bill ExeterBusiness Member
    1031 Exchange Qualified Intermediary · San Diego, CA · Member since 2008 · 1k+ posts · 1k+ votes
    12y

    It depends on which side of the fence you are one. It would not qualify from your perspective because your intent is to build and sell (not hold for investment). It may qualify from her perspective if she is disposing of land and acquiring a rental property that she intends to hold for rental.

    Exeter 1031 Exchange Services, LLC and Exeter Trust Company4.726 Reviews
  • FOUNTAIN VALLEY, CA · Member since 2012 · 3 posts · 1 vote
    12y

    Thanks guys.

    Like I said, we are not concerned with capital gains tax and so we aren't seeking the shelter that the 1031 provides.

    I just want to ensure that the person that has proposed this arrangement is not wasting our time. We may delay the certificate of occupancy so that this trade can happen.

    Steve, you are correct, the buyer of the home plans to rent it out for years to come and use the 1031 for tax shelter.

    Thanks again!

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