A 1031 exchange is a popular way to defer capital gains taxes on the sale of investment or business property. But what if you want to get out of your investment or business property sooner than you would like? That’s where the reverse 1031 exchange comes in.
Under Section 1031 of the Internal Revenue Code, you can swap one investment or business property for another without paying immediate tax on the gain. This article will discuss what a reverse 1031 exchange is and how it works.
What is a Reverse 1031 Exchange?
A reverse 1031 exchange is the process of acquiring a replacement property before selling the old one. This can be done by working with a qualified intermediary (QI). The QI holds the title to the replacement property in their name until the sale of the old property is complete. Once the sale is finalized, the replacement property’s ownership is transferred to the taxpayer.
What are the Benefits of Doing a Reverse 1031 Exchange?
There are a few benefits of doing a reverse exchange. First, it allows the taxpayer to lock in a purchase price for the replacement property. This is important because it protects the taxpayer from any potential increase in the prices of the replacement property.
Secondly, it allows the taxpayer to control the timing of the sale of their old property. This is important because it will enable the taxpayer to ensure they can complete the sale of their old property and the purchase of the new one within the same tax year.
What are the Drawbacks of Doing a 1031 Exchange?
There are a few drawbacks to reverse exchanges as well. First, they can be pretty complex and may require the assistance of a qualified professional. Secondly, they can be costly.
The QI will typically charge a fee for their services. The taxpayer may also be responsible for other costs associated with the exchange, such as title insurance and appraisal fees.
Finally, there is the potential for the taxpayer to end up with a property they cannot sell. If this happens, the taxpayer may be stuck with two properties – one they wanted to sell and one they now need to find a buyer for.
Reverse 1031 Exchange Timeline
The timeline for a reverse exchange can vary depending on the situation. However, in most cases, the process will go something like this:
First, the taxpayer identifies a replacement property and enters a purchase agreement with the seller.
Next, the taxpayer contacts a QI and provides information about the property being exchanged.
The QI then purchases the replacement property in their name and holds it for the taxpayer.
Once the taxpayer sells the old property, the QI transfers ownership of the replacement property to the taxpayer.
And that’s it! The process can take anywhere from a few weeks to a few months, depending on the situation. However, after purchasing the new property, the investor has up to 180 days to sell the old one.
Reverse 1031 Exchange Rules
The rules of reverse 1031 exchanges are similar to those of the regular 1031 exchange. First, the investor must sell the old property within 180 days of buying the replacement.
Secondly, the taxpayer buying a new property must be the same one who sells the old property. Similarly, both properties must be of equal value, or the new one must be of a higher value. Otherwise, buying a cheaper property than the one you sell means you’ll need to pay capital gains tax on the difference.
Finally, as the property buyer and seller, neither of the new or old investments can be your primary residence.
What are the Costs of a 1031 Exchange?
The costs of a regular or reverse exchange are the same. The most common cost is the fee charged by the QI, which can range from a few hundred to a few thousand dollars.
Other potential costs include appraisal fees, title insurance, and escrow fees. These will vary depending on the situation but can add up to several thousand dollars. Fortunately, many of the fees involved in this type of exchange are subsidized by the government.
Still, they can add up significantly depending on the number of properties involved.
Overall, a reverse exchange can be a great way to defer capital gains taxes on the sale of investment or business property. However, weighing the pros and cons is crucial before deciding if a reverse exchange suits you. Don’t hesitate to contact a qualified professional if you have any questions about reverse exchanges.
