First 1031 Excahnge and things I did not know.

First 1031 Excahnge and things I did not know.

Brett NigroPro Member
Rental Property Investor · Boston Area & Southern NH · Member since 2020 · 5 posts · 8 votes

I'm selling my 2 family in Cambridge MA (https://www.zillow.com/homedet...) and using a 1031 to upsize my # of doors in my portfolio into New Hampshire.  This is the first time I'm doing a 1031X and I have several misconceptions and learned some cool things so I imagine other here would appreciate the following summary.   

1.    I thought it was only the GAINS that went into the calculations for the 1031.  Not so, it is the actual selling price less closing costs.

2.    I thought you have 6 months to buy new property(s).  While true, you need to submit a list of properties within 45 days of closing and cant change them AND close on some or all of them within 180 days AND use all the cash proceeds.

3.   You can also do a partial 1031? You can for example put some of the process of the sale into the 1031 and the rest is called the "Boot".  You pay the tax on the boot in that tax year of the sale.

4.  If your 1031 fails, all the gains become a taxable event.  Should the 1031's 180 days carry you into the next tax year, you defer the tax into the following year.

So....my budget for new properties just increase by 33% and I need to start identifying properties now so I'm ready for when I close in MA.  I will be exploring some create offer writing as well to provide some buffer and protections.  I will share them once fully formulated.  Like with anything else, do your homework in ADVANCE of NEED.

Tried to edit my title type-o but BP doesn't seem to allow that....

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      Investor · SC NC, VA · Member since 2020 · 1k+ posts · 756 votes
      6y

      I’ve done seven 1031’s.  With a good qualified intermediary there are no surprises - none.  Now I’ll be using

      @Dave Foster as my QI as my first QI retired and Dave has a wealth of real estate knowledge across all asset classes.  I’m looking forward to a higher level of expertise.

      See this reply in the discussion

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      • Investor · SC NC, VA · Member since 2020 · 1k+ posts · 756 votes
        6y

        I’ve done seven 1031’s.  With a good qualified intermediary there are no surprises - none.  Now I’ll be using

        @Dave Foster as my QI as my first QI retired and Dave has a wealth of real estate knowledge across all asset classes.  I’m looking forward to a higher level of expertise.

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

        Thanks for those kind words @Mark H. Porter.  And @Brett Nigro it warms my heart to hear you describe these dusty accounting tidbits you've  learned as "cool things" :).  It's easy to identify hurdles or road blocks but the Sun Tzu in me likes to see them as opportunities in disguise.  With each of those scenarios are ways to potentially benefit - like shifting the date of recognition of gain forward a year.  That's a huge opportunity at this time of the year.

        It sounds like you've got a good QI working with you.

        The 1031 Investor5137 Reviews
      • Paul MoorePro Member
        Commercial Real Estate Fund Manager · Lynchburg, VA · Member since 2015 · 1k+ posts · 1k+ votes
        6y

        @Brett Nigro, congratulations on the sale of your property!  You seem to be selling at the right time.  A few things I would add to your list... 

        (1) It can be best to take the stress out of the purchase of your replacement property search by finding it in advance if possible. 
        (2) If the debt in your replacement property is higher than the relinquished one, you may have cash to spare.  You must invest that cash to avoid boot. 
        (3) A Delaware Statutory Trust can serve as a great fractional replacement property for someone who can't find one or wants to avoid management hassles and take on personal debt in the replacement property. I wrote a recent article on that here: https://www.biggerpockets.com/...

        I hope your sale and 1031 exchange go well!  Stick with @Dave Foster and he'll take good care of you. 

        @Dave Foster

      • Member since 2020 · 105 posts · 35 votes
        6y

        @Brett Nigro

        You're getting some good advice in this thread. Another thing you should consider is getting a good tax/real estate lawyer. They might know how to make this process much easier and will know how to make the most out of your tax exchange.

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