How to do a 1031 exchange

Can I do a 1031 exchange myself?

The Use of a Qualified Intermediary is Required

That requirement eliminates the ability of an investor to complete a 1031 exchange without assistance. The qualified intermediary cannot be the investor and cannot work for, be related to, married to, or an agent of the investor.

How much does it cost to do a 1031 exchange?

The short answer. The direct cost to you in a 1031 exchange typically comes in the form of a fee paid to your QI. QI fees vary, but most reports indicate that a typical deferred 1031 exchange costs between $600 and $1,200. Certain incidental expenses may also be passed on to you.

How long do you have to hold property in a 1031 exchange?

If a property has been acquired through a 1031 Exchange and is later converted into a primary residence, it is necessary to hold the property for no less than five years or the sale will be fully taxable.

Can I move into my rental property to avoid capital gains tax?

If you’re facing a large tax bill because of the non-qualifying use portion of your property, you can defer paying taxes by completing a 1031 exchange into another investment property. This permits you to defer recognition of any taxable gain that would trigger depreciation recapture and capital gains taxes.

Is it worth doing a 1031 exchange?

A 1031 Exchange allows you to delay paying your taxes. It doesn’t eliminate your capital gains tax. Only if you never sell your 1031 exchanged property or keep on doing a 1031 exchange, will you never incur a tax liability. The median holding period for property in America is between 7 – 8 years.

How can I avoid paying capital gains tax?

If you hold an investment for more than a year before selling, your profit is typically considered a long-term gain and is taxed at a lower rate. You can minimize or avoid capital gains taxes by investing for the long term, using tax-advantaged retirement plans, and offsetting capital gains with capital losses.

Is a 1031 exchange difficult?

In order to do a 1031 exchange, you must first identify which property(s) you’d like to invest the money in. However, it can be very challenging to find “like-kind” replacement properties that fit the bill, especially within the time constraints of 1031 exchanges.

Can you 1031 into a more expensive property?

A 1031 tax-deferred exchange allows you to roll over money from a recently sold investment property into another property. You‘re able to defer capital gains taxes on the property’s sale.

Is there an alternative to 1031 exchange?

Qualified Opportunity Zone Funds, allowed under the Tax Cuts and Jobs Act of 2017, are an alternative to 1031 exchange investing that offers similar benefits, including tax deferral and elimination. This fund option also works if you are selling other appreciated assets, like stocks or businesses.

Can you 1031 primary residence?

Normally the IRS does not allow you to conduct a 1031 exchange with your primary residence. That’s because the home that you live in isn’t being used as an investment property or being held for business purposes. Instead, your primary residence is used to provide shelter for your family.

How long do you have to live in a rental property to avoid capital gains?

If you like your rental property enough to live in it, you could convert it to a primary residence to avoid capital gains tax. There are some rules, however, that the IRS enforces. You have to own the home for at least five years. And you have to live in it for at least two out of five years before you sell it.

Can you have two primary residence?

The short answer is that you cannot have two primary residences. You will need to figure out which of your homes will be considered your primary residence and file your taxes accordingly.

How do I convert a 1031 to a primary residence?

The three most important rules you need to know before converting a property you acquired in a 1031 exchange into a primary residence are:

Depreciation recapture cannot be permanently excluded.
Only some of your capital gains qualify for the exclusion.
You must hold the property for at least five years.

When can you not do a 1031 exchange?

The two most common situations we encounter which are ineligible for exchange are the sale of a primary residence and “flippers”. Both are excluded for the same reason: In order to be eligible for a 1031 exchange, the relinquished property must have been held for productive in a trade or business or for investment.

Can I turn an investment property into a primary residence?

First, if you acquire property in a 1031 exchange and then convert it to your primary residence, you must own it at least five years before being eligible for the Section 121 exclusion. The couple rents the house for three years, and then moves into it and uses it as their primary residence for the next three years.

What happens if you move into your investment property?

A: When you move into your Investment property the interest on the loan will no longer be tax deductible. So, if you owned it for ten years and for the first six years it is deemed your home (no capital gains tax even though it was rented), then the last four years is subject to capital gains tax.

Can I live in my own buy to let property?

Although it’s not illegal to live in your own buy-to-let property, if you do live in it you will be in breach of your lender’s terms and conditions. If you intentionally live in your buy to let property you could be committing mortgage fraud. If the lender finds out they may ask for an immediate repayment of the loan.

Can you sell a rental property and not pay capital gains?

If you‘re not looking to take cash out of your rental property, you can simply roll one investment into another in a 1031 exchange to avoid paying capital gains tax. The IRS allows you to sell one investment and reinvest the proceeds without taxation. This rule only applies to investment properties.