How to get on the title of a 1031 exchange

How to get on the title of a 1031 exchange

Lahaina, HI · Member since 2015 · 5 posts · 0 votes

I own and manage short term rental properties in Maui. Recently the short term rental market drove off a cliff, not the first time. In the meanwhile, a friend was in the process of 1031 exchanging into another short term rental. Of course now is not the greatest time to buy, but it's also not the greatest time to pay the State and IRS $60k+. My friend relies on short term and long term rental income for his daily spend. Who knows if his long term tenants will pay next months rent. He owns $10mil+ in property and is credit worthy but relatively cash short. He needs $200k down on the new unit and is rolling $150k from the previous investment property. If he buys the unit, he will be strapped for cash, and if he sells the unit, he will also be strapped for cash after paying taxes. I got cash. I'm thinking to make up the remaining $50k and set up a $25k emergency fund for this unit. I got more where that came from if necessary. What is the best way to get on the title? Quitclaim after closing? Add name to the mortgage (I hate bank lending)? There is zero concern for a lack of trust in this situation. I'm willing and able to waive management fees on his other units until we pull out of this (3 year reserve assuming zero income). What is the best way to proceed?

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  • Rental Property Investor · Cincinnati, OH · Member since 2018 · 3 posts · 1 vote
    6y

    If he wants to do an exchange, he should not change the title right before the sale. The IRS has the same entity rule and he would want to maintain the historic owner for tax purposes. You/your friend can call our office to discuss further I will send you a message.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    6y

    @Joe Bol, a quit claim after purchase could easily create a taxable even for him. It sounds like there's no trust issues and the amount is relatively small. Why not make a 2nd mortgage with him. You could record it but be separate from the 1st. Another option would be to take title to a TIC interest in the new property. He'll defer all tax as long as he is purchasing at least as much as he sold. If his purchase is greater than his sale you can take title to the additional interest as a tenant in common. Of course that does leave you probable as a securer of the first mortgage.

    The 1031 Investor5137 Reviews
  • Lahaina, HI · Member since 2015 · 5 posts · 0 votes
    6y
    Originally posted by @Dave Foster:

    @Joe Bol, a quit claim after purchase could easily create a taxable even for him. It sounds like there's no trust issues and the amount is relatively small. Why not make a 2nd mortgage with him. You could record it but be separate from the 1st. Another option would be to take title to a TIC interest in the new property. He'll defer all tax as long as he is purchasing at least as much as he sold. If his purchase is greater than his sale you can take title to the additional interest as a tenant in common. Of course that does leave you probable as a securer of the first mortgage.

     Do you know of any tax consequence if I were to go on the new mortgage and title as Joint Tenant with Right of Survivorship? I would not mind assuming the mortgage if I were able to keep the property. Mahalo.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    6y

    @Joe Bol, none that I'm aware of.  From a 1031 perspective you are a different tax payer though. and Joint Tenants assumes a 50% ownership.  so your friend would need to make sure that 50% of the purchase price satisfied their 1031 requirements.

    The 1031 Investor5137 Reviews
  • Lahaina, HI · Member since 2015 · 5 posts · 0 votes
    6y
    Originally posted by @Dave Foster:

    @Joe Bol, none that I'm aware of.  From a 1031 perspective you are a different tax payer though. and Joint Tenants assumes a 50% ownership.  so your friend would need to make sure that 50% of the purchase price satisfied their 1031 requirements.

    Perfect 

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