How Can a 1031 Exchange Help Defer Capital Gains Taxes

How Can a 1031 Exchange Help Defer Capital Gains Taxes

Investor · Peoria, AZ · Member since 2016 · 114 posts · 163 votes

If you hang around the real estate investing space for any amount of time, you will hear the term “1031 Exchange.” You’ll likely be curious why this strategy creates so much excitement, so that is what we’ll walk through in this short article.

A 1031 exchange is a tax strategy that allows you to sell a property and purchase another “like-kind” property while deferring your capital gains tax on the sale. Essentially, you get to kick the tax can down the road until some further time or even possibly forever. You can quickly see why this would get so much attention from real estate investors, and you can start to understand how many people pay little, if no taxes on their real estate gains.

Let’s walk through an example so you can see how powerful this can be. Imagine you invest $100,000 in an apartment syndication that pays you 5% cash on cash return every month, and the investment goes full cycle in 5 years doubling your initial investment. Each month you’ll receive $416.66 in cash flow ($23,749.62 over the lifetime of the hold period), and $76,260.38 upon the sale of the asset.

Without the 1031 exchange, you'd have to pay long term capital gains taxes on the $76,260.38 at 15-20% depending on your income level ($15,250.08 at 20%). Now, if you reinvested the $61,010.30 that's left over after paying taxes in addition to your initial $100,000 investment, you'd be earning $670.88 per month in cash flow on a similar investment type (5% COC and double in 5 years).

If you chose to leverage the 1031 exchange, everything would be the same on the front end except for paying taxes, but you’d have $176,260.38 invested into the next deal creating $734.42 per month in cash flow. The extra $63.54 per month is not super exciting, but when you take this out to three full cycle deals, your capital has grown to $547,504.10 with the 1031 exchange strategy compared to $417,328.10 without the 1031 exchange. If you placed those two amounts in another investment earning just 5% returns, your monthly income would be $2,281.27 compared to $1,738.87 – 31% more!

There are several rules and timelines that you will need to follow, but here are four of the big ones to know before considering this option:

  1. Like-Kind – You’ll be required to exchange one investment property for another investment property of equal or greater value. It’s important to note that there are rules about switching between investment types so it’s critically important to work with your tax professional to make sure you’re moving into the right investment type
  2. Intermediary – You’ll need to engage a 3rd-party intermediary to manage the funds as they move from the sold investment to the new investment. If you’ve already sold your investment and taken position of the proceeds, you can’t go backwards to initiate a 1031 exchange
  3. 45-Day Rule – Once your initial investment is sold, and the intermediary has taken possession of the proceeds, you will need to identify a replacement property within 45 days. If you fail to identify a property in the 45 days, it will automatically create a taxable event
  4. 180-Day Rule – You must close your next purchase within 180 days of the initial sale date on the original investment, or a taxable event will occur again

As you can see, the rules and timelines can make this a very tedious process, so it is extremely important to work with the right professionals.

Whether you chose to leverage this tool or not, it’s important to know that it is available, and it’s a great way to increase your returns by as much as 31% by simply jumping through a few hoops along the way.

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Dave FosterBusiness Member
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
3y

@Eliott Elias, Actually there are a couple of ways frequently used where the deferred tax is never paid!  

Moving from active to passive 1031 eligible properties allows you to accommodate your changing lifestyle and keep the tax deferred.  

Converting properties from investment to primary residence periodically will allow you to actually turn a proration of the gain from tax deferred sreto tax free.

And when you die your heirs get a step up in basis in those properties so they inherit the properties tax free.

There's a reason for the phrase - swap til you drop!

@Peter Nikic, excellent illustration.  We use an example in our CE classes that compares this exact scenario for two investors whose only difference is one does the 1031 and one pays the tax.  We take it out one more transaction than you.  But in 4 transactions the 1031 investor owns 11.5 million in real estate.  The investor who pays the tax owns 4 million.  Using the deferred tax for yourself is a game changer - congratulations!!

The 1031 Investor5140 Reviews
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  • Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    You only defer it in the short term, just delaying the inevitable once you sell 

  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y

    Such a great way to use "all" of your sales proceeds. I've done it several times (same company) starting in 1997 with 1st 1031, then sold and did 1031 again in 2014, and now I just did it again in 2022. 

    To give people an idea of how much growth can happen over time, the 1st property I bought in 1994 was $360,000. The last one I just closed on last month was $4,100,000. This all from an original $50,000 cash down payment investment. More than 11 times the original property price all with the same money. 

    BUT it is very tricky, each time is a challange and very stressful. So as great as it is, it's also not very easy. The last time, I closed 177 days into my 1031, barely made it with just 3 days to spare!

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    @Eliott Elias, Actually there are a couple of ways frequently used where the deferred tax is never paid!  

    Moving from active to passive 1031 eligible properties allows you to accommodate your changing lifestyle and keep the tax deferred.  

    Converting properties from investment to primary residence periodically will allow you to actually turn a proration of the gain from tax deferred sreto tax free.

    And when you die your heirs get a step up in basis in those properties so they inherit the properties tax free.

    There's a reason for the phrase - swap til you drop!

    @Peter Nikic, excellent illustration.  We use an example in our CE classes that compares this exact scenario for two investors whose only difference is one does the 1031 and one pays the tax.  We take it out one more transaction than you.  But in 4 transactions the 1031 investor owns 11.5 million in real estate.  The investor who pays the tax owns 4 million.  Using the deferred tax for yourself is a game changer - congratulations!!

    The 1031 Investor5140 Reviews
  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y

    Thanks @Dave Foster I'm happy to be a real life example of the 1031 benefits. I expect my next one to be $12-$15M. If I ever sell this property.

    My increments were:

    Buy - $360k, sell $475k (1994-1997)

    Buy - $790k, sell $1.9M (1997 - 2013)

    Buy - $2.1M, sell $3.6M (2013-2022)

    Buy - $4.1m (2022)

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    @Peter Nikic now for grins and giggles...what is the 1994 property worth today?

  • Derek OwensPro Member
    Member since 2018 · 2 posts · 1 vote
    3y
    Not unless you keep kicking the proverbial can down the road until you expire!!!!
  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Matt Devincenzo:

    @Peter Nikic now for grins and giggles...what is the 1994 property worth today?


    That's a great point for understanding what the 1031 is for.

    In my case, value is not much different from where I am today (that $360k property is probably worth $3.6M). The benefit was that each time I bought a better property, otherwise I'd still be stuck in the same property. Every property had its benefits, but they were all stepping stones to better properties. That's why I say I'm not sure I'll ever sell the current property, it was built in 2018. This property just may be at the end of the 1031 line, most likely it'll go to my kids when I die.

  • Developer · Houston TX · Member since 2018 · 423 posts · 400 votes
    3y

    @Dave Foster

    Was wondering what your thoughts were on using 1031 proceeds toward a build. I own the land and have permits for a small 12-unit apartment ground up. Haven't started yet. I was told by one person I can use 1031 towards the new build but can't count the land. Then I have someone else saying you can't do that. Your thoughts?

    Best

    Luciano

  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Luciano A.:

    @Dave Foster

    Was wondering what your thoughts were on using 1031 proceeds toward a build. I own the land and have permits for a small 12-unit apartment ground up. Haven't started yet. I was told by one person I can use 1031 towards the new build but can't count the land. Then I have someone else saying you can't do that. Your thoughts?

    Best

    Luciano


     My guess is that 1031 avoids capital gains tax on appreciation. So if you bought the land and sold it for more than you paid for it, then that would be the tax deferment amount when doing a 1031. 

    Now if you build something on it, that's construction, I don't think it gets applied to the appreciation unless (possibly) if you kept it for a year or longer. 

    There are 2 different taxable amounts, they'd need to be somehow pooled together. 

  • Developer · Houston TX · Member since 2018 · 423 posts · 400 votes
    3y

    @Peter Nikic

    Sorry I might not have been clear in my post. I am in process of selling a multifamily and wanted to use those proceeds in 1031 to do what is called a 1031 Improvement Exchange. The lot is a separate property that I already own and have already paid for the drawings and permits. I learned that I can use 1031 money towards a build but the only thing that wouldn't be included in the calculation of like exchange is the cost of the land. The build will cost more than the amount I would need to fulfill the exchange requirement of replacement value. That's why I was asking Dave since he handles many 1031 if he has ever done a 1031 Improvement Exchange for new construction. 

    Here is a link that helps to explain what I am looking to do. This if possible is a game changer for what I do. 

    https://www.1031exchange.com/1...

  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Luciano A.:

    @Peter Nikic

    Sorry I might not have been clear in my post. I am in process of selling a multifamily and wanted to use those proceeds in 1031 to do what is called a 1031 Improvement Exchange. The lot is a separate property that I already own and have already paid for the drawings and permits. I learned that I can use 1031 money towards a build but the only thing that wouldn't be included in the calculation of like exchange is the cost of the land. The build will cost more than the amount I would need to fulfill the exchange requirement of replacement value. That's why I was asking Dave since he handles many 1031 if he has ever done a 1031 Improvement Exchange for new construction. 

    Here is a link that helps to explain what I am looking to do. This if possible is a game changer for what I do. 

    https://www.1031exchange.com/1...


     Sorry, I can't help. I have no experience with this. Good luck. 

  • Investor · Orlando FL · Member since 2022 · 42 posts · 42 votes
    3y
  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    @Luciano A., Yep, if you already own the land then you cannot exchange for improvements on land you own.  There's two solutions to this

    1. A reverse exchange where the QI takes title to the land before you do.  Then while the QI is in title the improvements are made.  These are usually several thousand dollars more than a regular exchange.  They have a 180 day maximum period.  So new construction is almost never a possibility.  But for properties that need improvement and not built from ground up a reverse improvement exchange is a great option.

    2. Find a builder that has a lot they own and are building on.  Or find a lot that the builder is willing to purchase and then go into contract with you for a new build on (your lot wont work because you already own it and can't sell it to them).  You can go into contract for your new property before your old property closes.  You just have to close the sale of your old property before you close the sale of your new property.  So going into contract on a new build that is 12 months out.  And then selling your old property and starting the exchange at say month 9 can be a great way to 1031 into a new build.

    The 1031 Investor5140 Reviews
  • Developer · Houston TX · Member since 2018 · 423 posts · 400 votes
    3y

    @Dave Foster

    Thanks for the response. So is this guy giving advice to other 1031 companies wrong?

    https://www.1031exchange.com/1...

  • Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    3y

    @Randy Smith, and I will add the not as fun part, but @Dave Foster can probably add in the detail that I certainly lack.

    A 1031 is not guaranteed to shield all taxes.  Depending on the business plan and how the 1031 proceeds are allocated, you can run into a situation that creates cash and mortgage boot.  

    https://www.accruit.com/blog/w...

  • Member since 2019 · 7k+ posts · 4k+ votes
    3y
    Quote from @Matt Devincenzo:

    @Peter Nikic now for grins and giggles...what is the 1994 property worth today?


     Now that's smart question :)

  • Member since 2019 · 7k+ posts · 4k+ votes
    3y
    Quote from @Evan Polaski:

    @Randy Smith, and I will add the not as fun part, but @Dave Foster can probably add in the detail that I certainly lack.

    A 1031 is not guaranteed to shield all taxes.  Depending on the business plan and how the 1031 proceeds are allocated, you can run into a situation that creates cash and mortgage boot.  

    https://www.accruit.com/blog/w...


    One thing that I don't really like is the mortgage boot rules, cash boot is fine and expected. For guy that would like to downsize like me this is a major drawback (not to mention a higher rate if I do 1031) hence my question in the 1031 forum is related to zero coupon DST. But ZC DST is not always available.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    @Luciano A., Are they wrong?  Well, sorta but not totally maybe.  But certainly functionally.  Except for the exception and risk calculation :)

    There is/was a process called a lease hold exchange.  Where the QI would "lease" the land from you for a term of more than 30 years.  There is a general principle that a lease of more than 30 years is essentially the same bundle of rights as a fee simple interest in the real estate itself.  So the lease by the QI effectively takes it out of your ownership.  While the QI "owns" it by virtue of the lease it is improved.  And then you buy the property assuming the lease to complete your 1031 at a value that includes the improvements.  It was pretty slick for a while.  And there were a couple of private Letter memos from the IRS indicating that it might be OK.  And some contradictory information from case law as well.

    One thing that has come up is that to even have a shot at this working you cannot have owned the property within a period of 180 days.  So you first have to transfer ownership.  Then The QI can take title and then...etc etc.  Extremely complicated, risky, and expensive as you would imagine.

    And, like anything the govt tells you might be OK it's going to be expensive to do in order to cover yourself in the likely event of an audit.  Only the hardiest of souls who are well lawyered up are doing these now.  In the words of a colleague - "In 2006, the IRS announced that it continues to study leasehold improvement exchanges. Currently, this type of exchange continues to be scrutinized by the IRS and should not be entered without the counsel of the Exchangor’s attorney or CPA."

    So is he wrong?  Meh!  Not necessarily.  But it would be a huge expensive slog for you.  One that's usually only attempted by the "lawyered up" crowd with deep pockets and no concern for legal fights.

    The 1031 Investor5140 Reviews
  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Carlos Ptriawan:
    Quote from @Matt Devincenzo:

    @Peter Nikic now for grins and giggles...what is the 1994 property worth today?


     Now that's smart question :)


     yes, it is. You need to get something out of doing a 1031, either a larger property, better location, nicer property, etc. If there's a reason for selling and doing a 1031, then you do so, if not, you don't. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    @Peter Nikic, I call this the "why" of the 1031 exchange.  If you sell in a sellers market you have to buy in a sellers market (unless it transitions mid 1031 like now).  If you want to buy in a buyers market then you have to sell in a buyers market.  This is just the reality.

    But exactly what you said - What's the why of selling?

    1.  Better cash flow

    2. different asset class

    3. different location

    4. avoid potential cap ex

    5. active to passive management

    Whatever the why is.  If you have a why you sell and 1031.  If there's no why you just enjoy the tenants paying off the mortgage :)

    The 1031 Investor5140 Reviews
  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Dave Foster:

    @Peter Nikic, I call this the "why" of the 1031 exchange.  If you sell in a sellers market you have to buy in a sellers market (unless it transitions mid 1031 like now).  If you want to buy in a buyers market then you have to sell in a buyers market.  This is just the reality.

    But exactly what you said - What's the why of selling?

    1.  Better cash flow

    2. different asset class

    3. different location

    4. avoid potential cap ex

    5. active to passive management

    Whatever the why is.  If you have a why you sell and 1031.  If there's no why you just enjoy the tenants paying off the mortgage :)


     Yes, great! I got lucky this time, I assumed a mortgage at 4.3% while mortgage rates doubled from when I went into contract to when I Closed. Simultaneously, the rent roll increased dramatically within this same time frame. Really Lucky! 

  • Member since 2019 · 7k+ posts · 4k+ votes
    3y
    Quote from @Dave Foster:

    @Peter Nikic, I call this the "why" of the 1031 exchange.  If you sell in a sellers market you have to buy in a sellers market (unless it transitions mid 1031 like now).  If you want to buy in a buyers market then you have to sell in a buyers market.  This is just the reality.

    But exactly what you said - What's the why of selling?

    1.  Better cash flow

    2. different asset class

    3. different location

    4. avoid potential cap ex

    5. active to passive management

    Whatever the why is.  If you have a why you sell and 1031.  If there's no why you just enjoy the tenants paying off the mortgage :)

    6. 1031 with DST is becoming very interesting because the offering could offer a lower interest rate than the typical 6-7% 30YFRM , just a year ago residential mortgage rate is lower than DST rate.

    7. with the possibility of the slow economy moving forward, a CRE from a good sponsor is actually less risky.

  • Investor · El Paso, TX · Member since 2012 · 75 posts · 16 votes
    3y

    I need a strategy to meet the following goals. I currently own two SFH that are STRs. I'd like to sell one of them through a 1031 exchange, and use the proceeds, to purchase the second one so that I will own it free and clear, and use remaining to put a down payment on a to be determined multi family. How would I do this?

  • Investor · New York & TN · Member since 2019 · 325 posts · 219 votes
    3y
    Quote from @Lear R.:

    I need a strategy to meet the following goals. I currently own two SFH that are STRs. I'd like to sell one of them through a 1031 exchange, and use the proceeds, to purchase the second one so that I will own it free and clear, and use remaining to put a down payment on a to be determined multi family. How would I do this?


     You can do this (I think) but you'll have 45 days after you close on the 1st sale in order to list/identify the replacement properties (no more than 3 and no more than double the value of the selling property).

    Why do you want to pay down the mortgage on the house you keep? You might be better off to leave it and use all the proceeds of the sale to buy the new multifamily. Also, buying your own property, could be considered shady if IRS looks into it - not sure about this. Good luck. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    @Lear R., You can't use a 1031 exchange to pay down a mortgage on a property you already own.  There's no way to get from here to there.    You can use a 1031 exchange to purchase multiple properties.  And you can allocate the proceeds any way you want.  So you could buy one property free and clear.  And use the remaining proceeds as a down payment on the second purchase.

    Or

    You could sell the property and do a 1031 but put all of the proceeds into the down payment on the MF.  Then as soon as the exchange is complete you do a refinance of the MF and take the refi cash and pay off your current mortgage on your old rental.  This would actually get you where you want to go.  It just adds the step of a  refinance after the 1031.

    The 1031 Investor5140 Reviews
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