1031 exchange into a fund?

[Jeremy D.]

Hello

I am in the process of selling a 3 unit residential investment property and would like to do a 1031 exchange on the proceeds to defer capital gains tax.  Here is what I would like to do and i'm wondering if someone can provide their educated opinion on if this is correct from a tax perspective-

I'd like to start an investment fund with the goal of raising $1M in capital to invest in mobile home parks.  I'd like to roll the $100k gain on the property i'm selling into this fund in exchange for a 10% ownership interest interest in the fund.  I will then pursue additional fund raising to raise the remaining capital, and use the fund to buy a mobile home park.  The fund will identify a new park to purchase within 45 days of selling my property and will close on the park within the required time limit.

Thoughts?

[Will Barnard]

You can't do that, a 1031 can not be rolled into an ownership share of a fund, that is not a like kind exchange. You can 1031 the money and become tenants in common with a fund. In other words, you raise the fund and upon closing, the fund and your 1031 are on title as tenants in common. That is allowed.

Speak with a 1031 exchange expert for the best way to set that up.