A 1031 Like Kind Exchange transaction requires planning, expertise and support. Here’s a checklist outlining key steps in your exchange.
How to do a 1031 Exchange
- Choose your 1031 Qualified Intermediary (QI)
- Consult with your tax professionals
- Include Cooperation Clause language in your purchase and sale agreement
- QI prepares your exchange documents
- Start searching for Replacement Property
- Sign all documents QI prepares
- Sell your Relinquished Property
- Identify your Replacement Property
- Enter into contract on Replacement Property
- Contact QI once Replacement Property escrow is opened
- Close on Replacement Property
- QI transfers funds to complete your purchase
- Your exchange is complete
How to do a 1031 Exchange – Key Steps
- Choose your 1031 Qualified Intermediary – IPX1031, as your Qualified Intermediary (QI), will prepare the documentation for the 1031 Exchange, and most importantly, safeguard your exchange funds.
- Consult with your tax professionals – IPX1031 is an excellent resource and will provide a great deal of information about like kind exchanges, however we cannot provide legal or tax advice. Engage your legal, tax, and/or financial advisors to review your specific circumstances. Although this is not mandatory for your 1031 Exchange, IPX1031 recommends that investors should always seek advice from their advisors.
- Include Cooperation Clause language in your purchase and sale agreement – Instruct your real estate agent or attorney to include a “1031 Exchange Cooperation Clause” in the contract / purchase and sale agreement.
- Qualified Intermediary prepares your exchange documents – After the contract is signed, contact your IPX1031 sales executive directly, call toll free at 888-771-1031, or go to http://www.ipx1031.com and click on Start an Exchange Today, BEFORE your transaction closes. IPX1031 will prepare 1031 documents that need to be signed prior to closing.
- Start searching for Replacement Property – Remember that once you close on your old Relinquished Property, the clock starts ticking and you only have 45 days to identify your new Replacement Property. 45 days comes very quickly, so start looking at your options now.
- Sign all documents QI prepares – Sign all documents IPX1031 prepares PRIOR to the transfer of your Relinquished Property and determine sale proceeds to be placed into your Exchange.
- Sell your Relinquished Property – complete the transfer of your Relinquished Property.
- Identify your Replacement Property – By midnight of your 45 day deadline, complete the Identification form and deliver it via fax, email, mail to IPX1031.
- Enter into contract on Replacement Property adding the Cooperation Clause language.
- Contact QI once Replacement Property escrow is opened. IPX1031 will prepare all necessary documents for you to sign and to review with your tax/legal advisors.
- Close on Replacement Property
- QI transfers funds to complete your purchase – once your transaction closes, IPX1031 will transfer your exchange funds.
- Your exchange is complete. Report your 1031 Exchange on IRS Form 8824 for the tax year your 1031 Exchange began.
1031 Exchange and Defer? Or Sell and Pay Taxes?
Commercial and Investment property sales remain robust and a growing number of sellers are structuring their sales as 1031 Exchanges. Rather than pay taxes that may be as much as 40% of the gain, by simply structuring their sales as 1031 Exchanges and purchasing new replacement properties, all of the following taxes can be deferred:
- Capital Gains – Your rate will vary based on your taxable income (15 to 20%). For 2019, your rate may be 20% if taxable income exceeds $434,551 (single) or $488,851 (married filing jointly).
- Net Investment Income Tax (NIIT) – If you have income from investments, including capital gains, you may be subject to a 3.8% net investment income tax on your adjusted gross income in excess of $200,000 ($250,000 if married filing jointly). Read more to see if this applies to you.
- State tax –You may be subject to state or local income taxes. State tax rates vary from 0% to the highest rate in California at 13.3%. See 2019 rates here.
- Depreciation Recapture – A flat Federal tax rate of 25% is applied for unrecognized gain due to depreciation.