Friday, November 30, 2007

1031 Exchange Services

In a 1031 Exchange, the main services come from a qualified intermediary (QI), also known by names like facilitator or accommodator. The services are offered on fee-for-service basis. The services from the QI include paperwork, oversight, escrow services and making a bona-fide exchange agreement under section 1031 of the Internal Revenue Code.

For Deferred Exchange treatment, the IRS and the Treasury Department have very rigid requirements. Therefore, to pass these requirements, the services from an experienced professional are essential.

To get the services right, it is essential to ascertain the credentials of the service provider before hiring. In a 1031 Exchange, physical possession or receipt of the money resulting from sale of the property is not allowed, and money is held by the QI only. Therefore, his credibility in terms of bonding, background, reputation and financial strength of are crucial.

The QI is supposed to put the exchange fees in a separate account for the taxpayer, and not commingle that money with any other exchange.

There are several private agencies that maintain a database of qualified intermediaries across the United States. They can be of use in selecting the right intermediary with a good reputation, high level of bonding, competitive fee schedule, financial strength, expertise and integrity.

In the exchange process, the quality of the services is marked by speed, accuracy and safety. A good QI will have concern for the safety of the client’s funds. Through unique exchange accounts he can ensure that the funds cannot be deposited or withdrawn without signatures from both the exchanger and the company. Many taxpayers had the bitter experience of exchange funds misused by unscrupulous intermediaries. Every aspect of the exchange has to be managed according to the IRS rules and regulations.

The build-to-suit exchange is now becoming popular, where the QI is a major player. Also called construction or improvement exchange, this variant has the QI himself acquiring fee ownership of the replacement property and making improvements to it.

After the necessary improvements are done, within the exchange period of 180 days, the ownership is then transferred to the Exchanger.

This new variant of the exchange gives the investors a high degree of flexibility and the opportunity to improve upon an existing property or construct a new replacement property itself. Thus, the range of se

1031 Exchange provides detailed information about 1031 exchange, 1031 exchange companies, 1031 exchange experts, 1031 exchange forms and more. 1031 Exchange is the sister site of Greater Orlando Real Estate.

rvices provided by the QI and associates are unlimited from the word go.

 

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Saturday, November 24, 2007

What Is a 1031 Exchange?

Many people who sell an investment property believe that federal capital gains from that sale must always be handed over to the IRS. This is not always the case. IRS Code Section 1031 offers investors the opportunity to reinvest federal capital gains from a sale if you swap that property for another…and it does not always have to be for ‘like property’ either! Instead, as an investor, you could have that money work for you rather than end up in the hands of the IRS. Further, you do not have to sell your property for the exact same type of property either!

he 1031 Code indicates that no gains or losses will be recognized on the exchange of any type of business use or investment property for any other business use or investment property.

So what does this mean? How can this help you?

If you own a business or an investment property you should consider a 1031 exchange. You would be able to defer 100% of both federal and state capital gains tax. 1031 Exchanges in essence become interest free loans; where the principal may increase through future exchanges allowing the Exchanger to never pay back, if the transactions are planned well. Along with the guidance of an experienced realtor, this can be one of the most profitable ventures you will ever enter into.

Are you apprehensive about the 1031 Exchanges? Here are some interesting facts, which will make the decision easier.

1) At one time, exchanges were only done to switch like investment properties to the same person swapping for your own, but this is not the case anymore. In fact, you can sell your own property to someone who does not have a relationship to the person from whom they are purchasing the replacement property.

2) It is important to know that like-properties once met the same, condo for condo, empty lot for empty lot but that is also no longer the case. If you have invested your money in an empty lot but wish to exchange for an apartment building, this too is possible and again, no taxes would be paid for the sale of the vacant land when following the guidelines of the 1031 exchange. In fact, the owner of the empty lot can even sell that one lot and then purchase several others or just buy one and then sell others. Note, 1031 Exchanges only apply to investment properties and not residences.

3) Many believe only investors of large commercial properties can utilize a 1031. One of the greatest features about a 1031 Exchange is that it applies to all investment properties, large and very small. 1031 Exchange works the same way for a corporation selling a large shopping mall as it would for an individual selling a single-family property used for rental or held for investment in a resort area.

4) Many believe 1031 Exchanges are very complicated and not worth investigating. Consider working with a qualified Realtor® who can offer you professional advice and direction. 1031 Exchanges is a relatively smooth process and definitely worth considering but sound advice from an experienced Realtor® is the key to profitability.

5) The Exchanger can acquire a replacement property with greater income potential. For example, raw land can be sold to acquire income-producing property or a larger or more ideally located property. A duplex rental property can be exchanged for a 4-family investment property offering greater income. Should you wish to increase your buying flow due to greater cash flow, exchange investment or rental property for that with a greater income, acquire investment property that is easier to finance, or should you have the need to relocate or the desire to increase your current business or investment space for a larger area, the 1031 Exchange can accomplish any or all of these goals.

Because a Realtor® is generally not licensed nor qualified to provide legal and/or tax advice, the above statements should be verified with your own competent tax and/or legal advisor who has specific information about your particular situation. You should only rely on your own competent tax and/or legal advisor’s advice. Nothing noted above is tax and/or legal advice. The above in

Michael Trust is a native Angeleno having been born, raised, and educated in Los Angeles. A homeowner himself, Michael is familiar with the challenges of buying, selling and owning real estate in the Greater Los Angeles area. Read more about Michael Trust on his blog at http://www.realtownblogs.com/?u=mtrust l Michael and his Team specialize in residential, residential income, and commercial sale and lease properties along with Reverse Mortgages and 1031 Exhanges. Michael and his Team are backed up by a staff of assistants with specialties in marketing, transaction management, and general administrative support so that you can receive the best possible service. Michael Trust Realty uses technology to the fullest to make your experience a smooth one. For more information, please contact Michael through http://www.michaeltrustrealty.com/">http://www.michaeltrustrealty.com/. CA DRE Broker No.: 01421287

formation is general in nature and is for general informational purposes only.

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1031 Tax Exchange

1031 exchange is one of the most talked about tax deferred exchange of real property and its name is assigned due to its number in the Internal Revenue Code Section. Since 1990, when these Deferred rules were formulated, 1031 Tax Exchange has became much more popular as it provided some protections to the property exchangers against tax as the exchange formulate the whole procedure for turning a sale and purchase type transaction into an exchange.

1031 Exchange has a lot of value for anyone who is looking for deferral strategies to avoid paying tax against the exchange of property and other stuff. Every one can get benefit from this 1031 tax exchange by using one or the many ways, like by exchanging your property to something that can give you more value and is much better for you without involving any money, the same is true for some non-income producing real estate investments, such as raw land that can be exchanged for a better value land that is income producing. Most of the people worry about paying income taxes when they sell or buy a property but with the helps of 1031 tax exchange they never have to pay income taxes on the sale of property if they intend to reinvest the proceeds in similar or like-kind property.

The 1031 tax exchange has a lot of value when it comes to the gains by not paying capital income taxes, it can in one way help you exchanging the property at a better place without much hassle, no cash transactions and no tax deductions, which in return helps you in starting a cash flow with better exchanges. In the last few years when the property values have rose quite a lot, 1031 Exchange has become an important factor for anyone involved with advising or counseling real estate investors as every one looks out for tax-deferred exchanges.

In most of the ways, 1031 Exchange helps the taxpayers to sell income, investment or business property and replace with like-kind replacement property without having to pay federal income taxes on the transaction, which in other hand involves a lot of taxes and many people are not willing to change, sell or buy the property because they have to pay a lot of taxes. But the 1031 exchange talks mainly about exchange without involving any cash, there must be an exchange, not a sale of property and subsequent purchase of a replacement property. This section has made a lot of things easier for people and they can exchange their properties with ease and people can take advantages of tax-deferred exchanges.

But the section has a lot of disadvantages as well, if some one gets involve in some sort of reduced basis for depreciation in the replacement property. If the exchange is done in such a way that one gets a gain out of that then it becomes a tax basis of replacement property and it is been taxed in future. Like if an exchange is done in a way that the replaced property is of more value than the exchanged property, the gain out of that is liable to be taxed, so it is better to exchange the property with the property without the n

By Ray Walker
More Information about 1031exchange resourc

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1031 Exchange Services

1031 exchange provides the advantage of offering significant tax advantages to real estate buyers. Though overlooked, a 1031 exchange is considered to be one of the best-kept secrets in the Internal Revenue Code. Under Section 1031 of the Internal Revenue Code, owner of a real property can sell his property and then also reinvest the proceeds in ownership of a like-kind property and defer the capital gains taxes. To qualify as a like-kind exchange, exchanges must be made sure that they are done in accordance with the rules set forth in the tax code and in the treasury regulations.

The services are available online offered by many of the companies. One such could be the 1031 Exchange Services, LLC, which is based in North Carolina or the 1031 Exchange Options. A thorough web search can show up the best investment option.

1031 Exchange Services offers a complete line of qualified intermediary services that range from being a safe-harbor for the exchange of funds to complete reporting of the exchange to the IRS (Internal Revenue Service). They provide a range of services like tax-deferred exchange to meet your special needs or those of your client via simultaneous exchanges, delayed exchanges, construction (improvement) exchanges, reverse exchanges, multi-property exchanges, and multi-party exchanges.

Most preferred service is the reverse exchange option. The major reason is that it is capable of solving the issue of finding a way to take control of the replacement property prior to the sale of the old property in a 1031 exchange. The code sees to that it doesn't allow for an exchanger to exchange into a property already owned. Only reverse exchange is ready to close on a replacement property, while still trying to sell the old property. Other reasons named to setup a reverse exchange include securing the replacement to avoid the risk of possibly losing that property and ridding oneself of the replacement property dilemma and once that old property has been sold, there is a 45 day window to find a suitable replacement property.

Other notable services are mineral exchanges that can be done in exchange for a city lot, oil exchange, or oil drilling exchanges of equipment and a working or royalty interest for other real estate.

1031 Exchange provides detailed information on 1031 exchange, 1031 exchange companies, 1031 exchange experts, 1031 exchange forms and more. 1031 Exchange is affiliated with 1031 Tax Exchange Opportunities.

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1031 Exchange Specialists

A 1031 exchange, also known as a tax-deferred exchange, permits investment property owners to sell a property and defer tax payments by reinvesting the proceeds into a "like-kind" investment property or properties. This exchange

1031 tax deferred exchange specialists and real estate consultants help the clients become significantly wealthier through wise counsel and optimum movement of properties at expedient times. They help to structure creative ways for the clients to move up through the ranks into financial positions previously unknown to them. They watch the trends in the marketplace and are able to advise their clients on ways to maximize their leverage, preserve their equity, increase their cash flow, consolidate or diversify, geographically relocate their investments, or convert the nature of their investments in order to gain relief from management.

These experts can be contacted by financial organizations and tax exchanges, but the best option will be to browse through yellow pages. Some of the firms that operate online are 1031 Exchange Options and Lally Company Realtors.

In order to completely defer the payment of tax with 1031 exchange, these experts suggest that the replacement property must be of equal or greater value, and all the equity from the sold investment property must be reinvested in the new investment property or properties. More importantly, completing a 1031 exchange with Tenants in Common (TIC) interest ownership in a property, also known as co-ownership of real estate, allows investors not only to defer their capital gains taxes, but also to upgrade their investment real estate into larger, institutional-grade properties.

These specialists basically offer highly personalized service, provide access to high quality institutional-grade investment property nationwide, and guide investors through the entire exchange process. They enlighten the clients about 1031 exchanges coupled with Tenants in Common (TIC) replacement real estate property investments, guide them through the complexity of the exchange process, assist them with finding a qualified intermediary, and help them identify an appropriate replacement property to successfully complete your pr

1031 Exchange provides detailed information on 1031 exchange, 1031 exchange companies, 1031 exchange experts, 1031 exchange forms and more. 1031 Exchange is affiliated with 1031 Tax Exchange Opportunities.

operty exchange.

is enabled by Section 1031 provided in the Internal Revenue Code.

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1031 Exchange Requirements

In a 1031 Exchange, the primary requirement is meticulous planning on the part of the exchanger. The preparedness involves talking to the accountant, attorney, broker, lender and a Qualified Intermediary, the legally mandated middle-man who carries out the exchange process until completion.

First of all, the Exchanger has to be sure that the relinquished property he owned had been in use for investment or productive purposes in trade or business, and the replacement property he is going to acquire would also be in use for similar purposes.

The main beneficiaries of this facility are taxpayers within the United States who want to literally “carry ” their investment properties while relocating. Thus, the Exchanger may live in Los Angeles and wants to relocate to Montana, and the exchange helps him in acquiring similar property in Montana, relinquishing the property he was holding in Los Angeles.

However, exchange properties outside the USA have been nullified, after the Revenue Reconciliation Act of 1989 and subsequent amendment to IRC 1031, which made real property in the United States and real property outside as “not of like-kind” and hence unfit for exchange.

In enduring this exchange process, the taxpayer must be willing to conform to the tight deadlines, such as the Identification Period and Exchange Period. Failure to comply with them will throw the exchange haywire.

The main deadlines to be met are-the 45-day Identification Period, given to identify the replacement property from the date of transfer of the relinquished property, and the 180-day Exchange period, from the date of transfer of the first property.

In the matter of replacement property, the rule and implications of “like-kind” have to be borne in mind. Also, the knowledge that selling and investing the proceeds in a property one already owns does not translate into exchange at all. Funds applied to property already owned are only purchase of “goods and services,” and not exchange of “like-kind” property.

Since the exchanger’s legal relationship with the relinquished property is very important, one should not try to dissolve partnerships or change the manner of title-holding during the exchange process.

The principal requirements for complete tax deferral in the 1031 Exchange involve ensuring that proceeds from relinquished property are invested in purchasing the replacement property. The second is to make sure that the debt on replacement property is equal to or greater than the debt on the relinquished property.

For smooth sailing, it is advisable to identify the replacement property beforehand and then proceed to locate a suitable buyer for the property to be relinquished.

1031 Exchange provides detailed information about 1031 exchange, 1031 exchange companies, 1031 exchange experts, 1031 exchange forms and more. 1031 Exchange is the sister site of Greater Orlando Real Estate.

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