Jeffrey
is planning to sell an investment property and wants to purchase a new
investment property. He would like to defer the capital gain through a 1031
exchange, but he also needs to keep some of the cash from the sale with
himself. He wishes that he could do both. So we can help him out in getting out
of this situation.
There
is a misconception in the mind of the investor that he cannot keep any proceeds
from the sale of the relinquished property if he wants to complete the 1031
exchange. This is right if he is going to defer 100% taxes owed after the sale,
but, if he is going to keep some portion with him, then he can pay for the
preserved part.
An investor
who needs the cash now, to pay the medical bills, or might be for a vacation
that is long past due. Whatever the case, rather than refinancing, taking out a
new loan or withdraw the cash from a 410K or find the money from anywhere else,
the investor finds it more profitable to sell the property to obtain the needed
from the sale. Therefore a portion of
the proceeds can be cashed out for the immediate use and use the remaining cash
to reinvest into the new property through a partial 1031 exchange. 1031 exchange rules never limit you from
completing an exchange if you don’t want to reinvest the entire proceeds of
your sale.
While
doing the partial 1031 exchange, the money decided by the investor to keep is
considered as a boot. In most of the
1031 exchange boot are an unpleasant surprise and inevitable reality. Therefore
1031
exchange boot can be defined as the “additional value received.”
So,
Jeffrey understood from here that he couldn’t keep the profit from the sale of
his investment property, and couldn’t he cash out his equity without paying to
taxes.
Partial 1031 exchange
is beneficial for the investors who want to liquidate the cash; here we have
explained some strategic reasons that investor may consider for a partial exchange:
- Partial exchanges help the investor to offset the investment losses.
- Partial exchanges provide the investor a way to re-allocate their investment funds. He can even liquidate some of his real estate holdings through a partial exchange to reduce the overall percentage of real estate in his investment portfolio.
If the investor is not planning for
the partial exchange, then there are some general rules that should be kept in
mind for the 100% deferment of the capital gain taxes through a 1031 exchange:
1. Buy the replacement property of the equal or higher
value of the relinquished property.
2. The mortgage amount taken out for the finance of the
replacement property should always be equal to higher than the amount owed on
relinquished property.
3. The equity amount held for
replacement and relinquished property should always be equal to or greater
than.
Here we recommend you to get in touch with the
tax advisor before completing any real estate transactions to ensure the
investor to understand the amount of taxes that will be owed wholly.
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