Can I do a 1031 election myself? Settlement proceeds

Question

Natalie Kolodij · Answer

Well the first issue here is that you can't utilize a 1031 on a flip. So- The odds are this transaction doesn't qualify. There are a few "Maybe" situations- but they are few and far between.

Additionally, with a 1031 you have 45 days to identify the properties, and you need to start the 1031 prior to sale.

@Dave Foster Should be able to provide further clarification.

Matt K. · Answer

Almost positive outside of some weird exception... you can't use 1031 on flips.

Dave Foster · Answer

@Natalie Schanne, Wow - I just voted up four posts on this thread - a new record.  Everyone nailed it.

1. No 1031 on flips.  Your intent must have been to hold the old property and also to hold the new property.

2. No you can't do it yourself and act like you did. The only time you technically don't need an intermediary is when you are actually swapping properties and even then it can be very dicey in how the documentation is handled.

3. The custody of funds is only part of the equation.  The documentation is also key.

4. When you're ready to sell that long term rental then it will be time to 1031.

Sorry :(  But you made money :)

Brad Shepherd · Answer

You MUST have a third-party intermediary. Even though in this instance you described you're not touching the dollars, you could have. This would be like trying to have a self-directed IRA without a licensed custodian.

Sounds like the tax implications are minimal so it may not be worth the expense. And as Matt K. said, if you bought the property with the primary intent to sell it, you can't go the 1031 route. 1031 is for properties held as investments, not inventory.

Guy Yoes · Answer

My understanding is ANY 1031 must go through a third party. I'm sure other will confirm this.

Can I do a 1031 election myself? Settlement proceeds

Most Popular Reply