What is Seller Financing?
https://www.accruit.com/blog/seller-financing-part-1031-exchange”>Seller Financing is a real estate arrangement in which the Seller acts as the lender, offering a loan directly to the Buyer. Instead of going through a traditional bank or mortgage company, the Buyer repays the Seller over time, typically in regular installments including interest.
How Seller Financing Differs from Traditional Bank Loans
Seller Financing tends to offer more flexibility than traditional bank loans, which often require rigorous inspections, formal appraisals, lower loans to value and a stronger credit rating. Seller Financing allows both the Seller and the Buyer to bypass these requirements, expediting the closing process and saving costs. Also, while the title usually transfers to the Buyer at closing in most real estate transactions, some Seller-Financed deals, specifically land contracts, may delay this transfer until the Buyer has fully repaid the Seller’s loan.
Additionally, instead of standard bank-issued documents, Seller-Financed transactions involve customized agreements between the Buyer and Seller, either by promissory note and a deed of trust/mortgage or land contract, typically drafted with the help of an experienced real estate attorney and without the involvement of an institutional third party.
Seller Financing: A Timely Strategy for All
Since mid-2021, mortgage rates have risen sharply, nearly 5% on average for a 30-year fixed-rate mortgage with 20% down and a credit score of 630, making it significantly harder for Buyers to qualify for traditional financing. In this high-interest-rate environment, seller financing has emerged as a strategic and flexible option for both Buyers and Sellers. With institutional lending more restrictive and borrowing costs increased, Seller Financing helps Buyers access more opportunities while allowing Sellers to stay competitive in a slower, more selective market.
Motivations of Seller Financing for Sellers
Sellers have many motivations to utilize seller financing in their transaction. By offering seller financing under more flexible terms, Sellers can reach a larger pool of prospective Buyers, including those who would otherwise find themselves barred from purchasing property with a traditional mortgage. Secondly, bypassing institutional steps like bank processing, underwriting, and loan approvals expedites the sales process significantly. Also, instead of receiving a single, lump-sum payment from the sale of their property(ies), Sellers can earn interest on their loan over time and report it annually as ordinary income. In the long run, this can lead to a higher overall return compared to a traditional sale. Through a loan with regular installment payments, this may allow Sellers to defer capital gains taxes over several years, rather than paying the full tax liability in the year of the sale.
Motivations of Seller Financing for Buyers
Buyers can also benefit greatly from Seller Financing making those properties more attractive than others on the market. In a market facing high mortgage rates, many prospective Buyers struggle to meet traditional lending requirements, whether that be due to low credit scores, irregular income, or coming up short on a down payment. Seller Financing allows the property owner to set their own qualifying criteria for Buyers, attracting a larger group of potential Buyers.
Because the Seller acts as the lender, the closing timeline can be significantly shortened. Without the strain of traditional delays such as appraisals, bank underwriting, and other lender requirements, Buyers can often close and receive their keys in a fraction of the standard 30 to 60-day window. Without traditional lender involvement, the streamlined process not only speeds up the closing timeline but can reduce costs for Buyers. Fees that would typically be involved in a standard loan, such as origination, processing, etc. can be avoided. Moreover, properties that may not meet traditional lender criteria, such as property that require significant improvements, including structural issues (foundational problems, leaks, mold), code violations (zoning violations, unpermitted construction), and environmental factors (flood zones, landfill proximity) can still be purchased under Seller-Financed terms, allowing Buyers access to a broader and more diverse selection of real estate.
Seller Financing in a 1031 Exchange
Seller Financing can play a strategic role in structuring a 1031 Exchange. To illustrate this, let’s walk through a real-world scenario where Seller Financing is successfully utilized in a 1031 Exchange transaction.
A property owner is selling an investment property for $300,000 as part of a 1031 Exchange and agrees to finance $200,000 of the purchase price for the Buyer. This allows the Buyer to avoid traditional bank financing and makes the deal more attractive or feasible. At closing, the Seller/Exchanger receives only $100,000 in cash, with the remaining $200,000 secured as a promissory note from the Buyer. For the purposes of the 1031 Exchange, only the $100,000 in cash can be transferred into the exchange account. The $200,000 in seller-financed proceeds is not immediately eligible for reinvestment and would generally be treated as https://www.accruit.com/blog/what-boot-1031-exchange”>”boot”.
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Seller Financing and 1031 Exchanges: A Guide for Buyers and Sellers
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Seller Financing and 1031 Exchanges: A Guide for Buyers and Sellers
What is Seller Financing?
https://www.accruit.com/blog/seller-financing-part-1031-exchange”>Seller Financing is a real estate arrangement in which the Seller acts as the lender, offering a loan directly to the Buyer. Instead of going through a traditional bank or mortgage company, the Buyer repays the Seller over time, typically in regular installments including interest.
How Seller Financing Differs from Traditional Bank Loans
Seller Financing tends to offer more flexibility than traditional bank loans, which often require rigorous inspections, formal appraisals, lower loans to value and a stronger credit rating. Seller Financing allows both the Seller and the Buyer to bypass these requirements, expediting the closing process and saving costs. Also, while the title usually transfers to the Buyer at closing in most real estate transactions, some Seller-Financed deals, specifically land contracts, may delay this transfer until the Buyer has fully repaid the Seller’s loan.
Additionally, instead of standard bank-issued documents, Seller-Financed transactions involve customized agreements between the Buyer and Seller, either by promissory note and a deed of trust/mortgage or land contract, typically drafted with the help of an experienced real estate attorney and without the involvement of an institutional third party.
Seller Financing: A Timely Strategy for All
Since mid-2021, mortgage rates have risen sharply, nearly 5% on average for a 30-year fixed-rate mortgage with 20% down and a credit score of 630, making it significantly harder for Buyers to qualify for traditional financing. In this high-interest-rate environment, seller financing has emerged as a strategic and flexible option for both Buyers and Sellers. With institutional lending more restrictive and borrowing costs increased, Seller Financing helps Buyers access more opportunities while allowing Sellers to stay competitive in a slower, more selective market.
Motivations of Seller Financing for Sellers
Sellers have many motivations to utilize seller financing in their transaction. By offering seller financing under more flexible terms, Sellers can reach a larger pool of prospective Buyers, including those who would otherwise find themselves barred from purchasing property with a traditional mortgage. Secondly, bypassing institutional steps like bank processing, underwriting, and loan approvals expedites the sales process significantly. Also, instead of receiving a single, lump-sum payment from the sale of their property(ies), Sellers can earn interest on their loan over time and report it annually as ordinary income. In the long run, this can lead to a higher overall return compared to a traditional sale. Through a loan with regular installment payments, this may allow Sellers to defer capital gains taxes over several years, rather than paying the full tax liability in the year of the sale.
Motivations of Seller Financing for Buyers
Buyers can also benefit greatly from Seller Financing making those properties more attractive than others on the market. In a market facing high mortgage rates, many prospective Buyers struggle to meet traditional lending requirements, whether that be due to low credit scores, irregular income, or coming up short on a down payment. Seller Financing allows the property owner to set their own qualifying criteria for Buyers, attracting a larger group of potential Buyers.
Because the Seller acts as the lender, the closing timeline can be significantly shortened. Without the strain of traditional delays such as appraisals, bank underwriting, and other lender requirements, Buyers can often close and receive their keys in a fraction of the standard 30 to 60-day window. Without traditional lender involvement, the streamlined process not only speeds up the closing timeline but can reduce costs for Buyers. Fees that would typically be involved in a standard loan, such as origination, processing, etc. can be avoided. Moreover, properties that may not meet traditional lender criteria, such as property that require significant improvements, including structural issues (foundational problems, leaks, mold), code violations (zoning violations, unpermitted construction), and environmental factors (flood zones, landfill proximity) can still be purchased under Seller-Financed terms, allowing Buyers access to a broader and more diverse selection of real estate.
Seller Financing in a 1031 Exchange
Seller Financing can play a strategic role in structuring a 1031 Exchange. To illustrate this, let’s walk through a real-world scenario where Seller Financing is successfully utilized in a 1031 Exchange transaction.
A property owner is selling an investment property for $300,000 as part of a 1031 Exchange and agrees to finance $200,000 of the purchase price for the Buyer. This allows the Buyer to avoid traditional bank financing and makes the deal more attractive or feasible. At closing, the Seller/Exchanger receives only $100,000 in cash, with the remaining $200,000 secured as a promissory note from the Buyer. For the purposes of the 1031 Exchange, only the $100,000 in cash can be transferred into the exchange account. The $200,000 in seller-financed proceeds is not immediately eligible for reinvestment and would generally be treated as https://www.accruit.com/blog/what-boot-1031-exchange”>”boot”. -
Seller Financing and 1031 Exchanges: A Guide for Buyers and Sellers
What is Seller Financing?
https://www.accruit.com/blog/seller-financing-part-1031-exchange”>Seller Financing is a real estate arrangement in which the Seller acts as the lender, offering a loan directly to the Buyer. Instead of going through a traditional bank or mortgage company, the Buyer repays the Seller over time, typically in regular installments including interest.
How Seller Financing Differs from Traditional Bank Loans
Seller Financing tends to offer more flexibility than traditional bank loans, which often require rigorous inspections, formal appraisals, lower loans to value and a stronger credit rating. Seller Financing allows both the Seller and the Buyer to bypass these requirements, expediting the closing process and saving costs. Also, while the title usually transfers to the Buyer at closing in most real estate transactions, some Seller-Financed deals, specifically land contracts, may delay this transfer until the Buyer has fully repaid the Seller’s loan.
Additionally, instead of standard bank-issued documents, Seller-Financed transactions involve customized agreements between the Buyer and Seller, either by promissory note and a deed of trust/mortgage or land contract, typically drafted with the help of an experienced real estate attorney and without the involvement of an institutional third party.
Seller Financing: A Timely Strategy for All
Since mid-2021, mortgage rates have risen sharply, nearly 5% on average for a 30-year fixed-rate mortgage with 20% down and a credit score of 630, making it significantly harder for Buyers to qualify for traditional financing. In this high-interest-rate environment, seller financing has emerged as a strategic and flexible option for both Buyers and Sellers. With institutional lending more restrictive and borrowing costs increased, Seller Financing helps Buyers access more opportunities while allowing Sellers to stay competitive in a slower, more selective market.
Motivations of Seller Financing for Sellers
Sellers have many motivations to utilize seller financing in their transaction. By offering seller financing under more flexible terms, Sellers can reach a larger pool of prospective Buyers, including those who would otherwise find themselves barred from purchasing property with a traditional mortgage. Secondly, bypassing institutional steps like bank processing, underwriting, and loan approvals expedites the sales process significantly. Also, instead of receiving a single, lump-sum payment from the sale of their property(ies), Sellers can earn interest on their loan over time and report it annually as ordinary income. In the long run, this can lead to a higher overall return compared to a traditional sale. Through a loan with regular installment payments, this may allow Sellers to defer capital gains taxes over several years, rather than paying the full tax liability in the year of the sale.
Motivations of Seller Financing for Buyers
Buyers can also benefit greatly from Seller Financing making those properties more attractive than others on the market. In a market facing high mortgage rates, many prospective Buyers struggle to meet traditional lending requirements, whether that be due to low credit scores, irregular income, or coming up short on a down payment. Seller Financing allows the property owner to set their own qualifying criteria for Buyers, attracting a larger group of potential Buyers.
Because the Seller acts as the lender, the closing timeline can be significantly shortened. Without the strain of traditional delays such as appraisals, bank underwriting, and other lender requirements, Buyers can often close and receive their keys in a fraction of the standard 30 to 60-day window. Without traditional lender involvement, the streamlined process not only speeds up the closing timeline but can reduce costs for Buyers. Fees that would typically be involved in a standard loan, such as origination, processing, etc. can be avoided. Moreover, properties that may not meet traditional lender criteria, such as property that require significant improvements, including structural issues (foundational problems, leaks, mold), code violations (zoning violations, unpermitted construction), and environmental factors (flood zones, landfill proximity) can still be purchased under Seller-Financed terms, allowing Buyers access to a broader and more diverse selection of real estate.
Seller Financing in a 1031 Exchange
Seller Financing can play a strategic role in structuring a 1031 Exchange. To illustrate this, let’s walk through a real-world scenario where Seller Financing is successfully utilized in a 1031 Exchange transaction.
A property owner is selling an investment property for $300,000 as part of a 1031 Exchange and agrees to finance $200,000 of the purchase price for the Buyer. This allows the Buyer to avoid traditional bank financing and makes the deal more attractive or feasible. At closing, the Seller/Exchanger receives only $100,000 in cash, with the remaining $200,000 secured as a promissory note from the Buyer. For the purposes of the 1031 Exchange, only the $100,000 in cash can be transferred into the exchange account. The $200,000 in seller-financed proceeds is not immediately eligible for reinvestment and would generally be treated as https://www.accruit.com/blog/what-boot-1031-exchange”>”boot”. -
1031 Exchanges of Multiple Relinquished or Replacement Properties
Consolidation of Properties with a 1031 Exchange
It is not uncommon for Exchangers to own more than one Relinquished Property. Oftentimes, multiple properties have been held for a long period of time and as the property owner gets older, the management headaches associated with the properties become more challenging. Selling those properties and exchanging them for a single property can make the management much simpler. On occasion, an Exchanger might have a job transfer to somewhere far from the properties. Others might wish to retire and move to another state. There may be additional benefits as well to exchanging multiple properties for a single property, such as a higher basis for depreciation, more cash flow, and upgrading the neighborhoods between the old and new property.
Diversification of Properties
On the other hand, investors might not want to have “all their eggs” in one basket and believe they’ll be better served with trading one property for multiple properties. Just as most people would not have all their investments in a single stock or fund, diversification can protect against some adverse conditions affecting a single property, such as gradual neighborhood degradation negatively affecting the quality of tenants. Additional considerations include the ability to have multiple property types and the chance of realizing more income from multiple properties of the same value as the Relinquished Property. Similarly, multiple properties might provide the opportunity for greater combined appreciation.
Timing is Everything
One of the main logistical challenges when dealing with multi-property exchanges, are the time constraints imposed by the https://www.accruit.com/blog/what-are-rules-identification-and-receipt-… regulations. Specifically, the requirements to identify Replacement Property within 45 days of the sale of the Relinquished Property in a new exchange account and close on the purchase of an identified property within 180 days of the original sale date.
When attempting to sell multiple properties to consolidate into one, it is difficult to control the timing on the sales. The 45 and 180-day requirements are based on the date of the sale of the earliest Relinquished Property sold as part of the exchange. So, for example, if one of three properties is sold and funds the exchange account, the Replacement Property needs to be identified within 45 days, regardless of the timing of the sale for the other two properties. Those sales could take place beyond the 45th day or not at all. To increase the likelihood of selling the second two properties within close proximity, the Exchanger may try and negotiate an extended closing date, or a lease with a Buyer purchase option. Sometimes it might be worth trying to sell the properties at a slightly less-than market value to induce a sale.
Another option is to set up an exchange for each Relinquished Property in order to have the 45 and 180-day time limits specific to each properties close date. If that is the case, the identification of the single Replacement Property should be coordinated between the separate exchanges with the percentage of the Replacement Property which would be acquired via the funds in each account. https://www.accruit.com/blog/practical-application-identification-rules… 3-Property and/or the 200% Rule would provide the opportunity to identify varying percentages within each exchange. For example, the first exchange with Relinquished Property # 1 identifies 45% of the Replacement Property and then the second exchange identifies the remaining 55% of the Replacement Property, once both exchanges close the Exchanger has acquired the full 100% of Replacement Property.
A similar challenge can arise when the Exchanger may hold title to the Relinquished Properties under different tax identities. One property may be held by a spouse in his or her own name from prior to marriage and another in a two-member LLC, which is treated at a tax partnership. An exchange account can only serve one tax entity, except for a husband and wife holding personally and filing a joint tax return so an Exchanger would have to open separate exchanges for each entity trading into a single property. Similar to the above, this could be accommodated by the two exchanges identifying and acquiring as co-tenants in the percentage of equity each account would be contributing to the purchase. Exchangers residing in a https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… property state allows a bit more flexibility for properties owned in different entities by spouses.
When attempting to diversify a portfolio from a single property to multiple ones, similar timing challenges can occur. The 45 and 180-day clock is going to begin upon sale. It may be difficult to identify the Replacement Properties within 45 days. Again, there may be some relief afforded by the 3-Property and/or the 200% Rule, but it can be stressful. To alleviate potential timing issues, most investors begin looking for Replacement Properties before the sale date of the Relinquished Property.
Reverse Exchange as an Option
Some of the time constraints inherent in a multiple property exchange can be made easier by using a https://www.accruit.com/blog/are-1031-reverse-tax-deferred-exchanges-re… exchange.
For example, an Exchanger sells the first property as part of an exchange and subsequently goes under contract and has to close on the Replacement Property, but the second Relinquished Property has not closed by that time. Since an Exchanger cannot buy before selling, a Reverse Exchange can be used to preserve the ability to exchange for it once the second Relinquished Property closes through the exchange. This is sometimes referred to as a part forward and part Reverse Exchange. The forward exchange sells the Relinquished Property first and acquires a percentage of the Replacement Property, the remaining percentage of the Replacement Property is “parked” with the Exchange Accommodation Titleholder initiating the Reverse Exchange and then once the second Relinquished Property is sold, a Reverse Exchange can be completed with the remaining percentage of the Replacement Property being transferred over to the Exchanger.
Another fact pattern arises frequently where the Exchanger finds the “perfect” Replacement Property but has not sold any of the Relinquished Property at that time. The Exchanger can also solve this through a Reverse Exchange. This keeps the Replacement Property in abatement until the Relinquished Properties are sold. Under the IRS rules, the Replacement Property can be held up to 180 days to give time for the other properties to be sold. That time limit is known as a safe harbor reverse exchange. Although falling into the https://www.accruit.com/blog/safe-harbors-core-section-1031-treasury-re… harbor period is highly advantageous, as a result of the https://www.accruit.com/blog/bartell-decision-non-safe-harbor-parking-e… decision in 2017, many exchange companies will allow transactions to go on longer.
1031 Exchanges provide investors with the opportunity to optimize their real estate portfolios without immediate tax consequences. Exchangers are able to either consolidate or diversify their portfolio depending on their specific goals and objectives. When exchanges involved multiple properties, whether on the sale or purchase side, it can increase the level of complexity and it is important for the Exchanger to be aware of all the considerations involved prior to initiating their 1031 Exchange. Awareness of how 1031 Exchange timeframes are treated for multi-property exchanges and knowing how to utilize a Reverse Exchange to combat potential challenges can be prove advantageous for investors looking to conduct a 1031 Exchange with multiple properties.
The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties solely of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice. -
1031 Exchanges of Multiple Relinquished or Replacement Properties
Consolidation of Properties with a 1031 Exchange
It is not uncommon for Exchangers to own more than one Relinquished Property. Oftentimes, multiple properties have been held for a long period of time and as the property owner gets older, the management headaches associated with the properties become more challenging. Selling those properties and exchanging them for a single property can make the management much simpler. On occasion, an Exchanger might have a job transfer to somewhere far from the properties. Others might wish to retire and move to another state. There may be additional benefits as well to exchanging multiple properties for a single property, such as a higher basis for depreciation, more cash flow, and upgrading the neighborhoods between the old and new property.
Diversification of Properties
On the other hand, investors might not want to have “all their eggs” in one basket and believe they’ll be better served with trading one property for multiple properties. Just as most people would not have all their investments in a single stock or fund, diversification can protect against some adverse conditions affecting a single property, such as gradual neighborhood degradation negatively affecting the quality of tenants. Additional considerations include the ability to have multiple property types and the chance of realizing more income from multiple properties of the same value as the Relinquished Property. Similarly, multiple properties might provide the opportunity for greater combined appreciation.
Timing is Everything
One of the main logistical challenges when dealing with multi-property exchanges, are the time constraints imposed by the https://www.accruit.com/blog/what-are-rules-identification-and-receipt-… regulations. Specifically, the requirements to identify Replacement Property within 45 days of the sale of the Relinquished Property in a new exchange account and close on the purchase of an identified property within 180 days of the original sale date.
When attempting to sell multiple properties to consolidate into one, it is difficult to control the timing on the sales. The 45 and 180-day requirements are based on the date of the sale of the earliest Relinquished Property sold as part of the exchange. So, for example, if one of three properties is sold and funds the exchange account, the Replacement Property needs to be identified within 45 days, regardless of the timing of the sale for the other two properties. Those sales could take place beyond the 45th day or not at all. To increase the likelihood of selling the second two properties within close proximity, the Exchanger may try and negotiate an extended closing date, or a lease with a Buyer purchase option. Sometimes it might be worth trying to sell the properties at a slightly less-than market value to induce a sale.
Another option is to set up an exchange for each Relinquished Property in order to have the 45 and 180-day time limits specific to each properties close date. If that is the case, the identification of the single Replacement Property should be coordinated between the separate exchanges with the percentage of the Replacement Property which would be acquired via the funds in each account. https://www.accruit.com/blog/practical-application-identification-rules… 3-Property and/or the 200% Rule would provide the opportunity to identify varying percentages within each exchange. For example, the first exchange with Relinquished Property # 1 identifies 45% of the Replacement Property and then the second exchange identifies the remaining 55% of the Replacement Property, once both exchanges close the Exchanger has acquired the full 100% of Replacement Property.
A similar challenge can arise when the Exchanger may hold title to the Relinquished Properties under different tax identities. One property may be held by a spouse in his or her own name from prior to marriage and another in a two-member LLC, which is treated at a tax partnership. An exchange account can only serve one tax entity, except for a husband and wife holding personally and filing a joint tax return so an Exchanger would have to open separate exchanges for each entity trading into a single property. Similar to the above, this could be accommodated by the two exchanges identifying and acquiring as co-tenants in the percentage of equity each account would be contributing to the purchase. Exchangers residing in a https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… property state allows a bit more flexibility for properties owned in different entities by spouses.
When attempting to diversify a portfolio from a single property to multiple ones, similar timing challenges can occur. The 45 and 180-day clock is going to begin upon sale. It may be difficult to identify the Replacement Properties within 45 days. Again, there may be some relief afforded by the 3-Property and/or the 200% Rule, but it can be stressful. To alleviate potential timing issues, most investors begin looking for Replacement Properties before the sale date of the Relinquished Property.
Reverse Exchange as an Option
Some of the time constraints inherent in a multiple property exchange can be made easier by using a https://www.accruit.com/blog/are-1031-reverse-tax-deferred-exchanges-re… exchange.
For example, an Exchanger sells the first property as part of an exchange and subsequently goes under contract and has to close on the Replacement Property, but the second Relinquished Property has not closed by that time. Since an Exchanger cannot buy before selling, a Reverse Exchange can be used to preserve the ability to exchange for it once the second Relinquished Property closes through the exchange. This is sometimes referred to as a part forward and part Reverse Exchange. The forward exchange sells the Relinquished Property first and acquires a percentage of the Replacement Property, the remaining percentage of the Replacement Property is “parked” with the Exchange Accommodation Titleholder initiating the Reverse Exchange and then once the second Relinquished Property is sold, a Reverse Exchange can be completed with the remaining percentage of the Replacement Property being transferred over to the Exchanger.
Another fact pattern arises frequently where the Exchanger finds the “perfect” Replacement Property but has not sold any of the Relinquished Property at that time. The Exchanger can also solve this through a Reverse Exchange. This keeps the Replacement Property in abatement until the Relinquished Properties are sold. Under the IRS rules, the Replacement Property can be held up to 180 days to give time for the other properties to be sold. That time limit is known as a safe harbor reverse exchange. Although falling into the https://www.accruit.com/blog/safe-harbors-core-section-1031-treasury-re… harbor period is highly advantageous, as a result of the https://www.accruit.com/blog/bartell-decision-non-safe-harbor-parking-e… decision in 2017, many exchange companies will allow transactions to go on longer.
1031 Exchanges provide investors with the opportunity to optimize their real estate portfolios without immediate tax consequences. Exchangers are able to either consolidate or diversify their portfolio depending on their specific goals and objectives. When exchanges involved multiple properties, whether on the sale or purchase side, it can increase the level of complexity and it is important for the Exchanger to be aware of all the considerations involved prior to initiating their 1031 Exchange. Awareness of how 1031 Exchange timeframes are treated for multi-property exchanges and knowing how to utilize a Reverse Exchange to combat potential challenges can be prove advantageous for investors looking to conduct a 1031 Exchange with multiple properties.
The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties solely of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice. -
1031 Exchanges of Multiple Relinquished or Replacement Properties
Consolidation of Properties with a 1031 Exchange
It is not uncommon for Exchangers to own more than one Relinquished Property. Oftentimes, multiple properties have been held for a long period of time and as the property owner gets older, the management headaches associated with the properties become more challenging. Selling those properties and exchanging them for a single property can make the management much simpler. On occasion, an Exchanger might have a job transfer to somewhere far from the properties. Others might wish to retire and move to another state. There may be additional benefits as well to exchanging multiple properties for a single property, such as a higher basis for depreciation, more cash flow, and upgrading the neighborhoods between the old and new property.
Diversification of Properties
On the other hand, investors might not want to have “all their eggs” in one basket and believe they’ll be better served with trading one property for multiple properties. Just as most people would not have all their investments in a single stock or fund, diversification can protect against some adverse conditions affecting a single property, such as gradual neighborhood degradation negatively affecting the quality of tenants. Additional considerations include the ability to have multiple property types and the chance of realizing more income from multiple properties of the same value as the Relinquished Property. Similarly, multiple properties might provide the opportunity for greater combined appreciation.
Timing is Everything
One of the main logistical challenges when dealing with multi-property exchanges, are the time constraints imposed by the https://www.accruit.com/blog/what-are-rules-identification-and-receipt-… regulations. Specifically, the requirements to identify Replacement Property within 45 days of the sale of the Relinquished Property in a new exchange account and close on the purchase of an identified property within 180 days of the original sale date.
When attempting to sell multiple properties to consolidate into one, it is difficult to control the timing on the sales. The 45 and 180-day requirements are based on the date of the sale of the earliest Relinquished Property sold as part of the exchange. So, for example, if one of three properties is sold and funds the exchange account, the Replacement Property needs to be identified within 45 days, regardless of the timing of the sale for the other two properties. Those sales could take place beyond the 45th day or not at all. To increase the likelihood of selling the second two properties within close proximity, the Exchanger may try and negotiate an extended closing date, or a lease with a Buyer purchase option. Sometimes it might be worth trying to sell the properties at a slightly less-than market value to induce a sale.
Another option is to set up an exchange for each Relinquished Property in order to have the 45 and 180-day time limits specific to each properties close date. If that is the case, the identification of the single Replacement Property should be coordinated between the separate exchanges with the percentage of the Replacement Property which would be acquired via the funds in each account. https://www.accruit.com/blog/practical-application-identification-rules… 3-Property and/or the 200% Rule would provide the opportunity to identify varying percentages within each exchange. For example, the first exchange with Relinquished Property # 1 identifies 45% of the Replacement Property and then the second exchange identifies the remaining 55% of the Replacement Property, once both exchanges close the Exchanger has acquired the full 100% of Replacement Property.
A similar challenge can arise when the Exchanger may hold title to the Relinquished Properties under different tax identities. One property may be held by a spouse in his or her own name from prior to marriage and another in a two-member LLC, which is treated at a tax partnership. An exchange account can only serve one tax entity, except for a husband and wife holding personally and filing a joint tax return so an Exchanger would have to open separate exchanges for each entity trading into a single property. Similar to the above, this could be accommodated by the two exchanges identifying and acquiring as co-tenants in the percentage of equity each account would be contributing to the purchase. Exchangers residing in a https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… property state allows a bit more flexibility for properties owned in different entities by spouses.
When attempting to diversify a portfolio from a single property to multiple ones, similar timing challenges can occur. The 45 and 180-day clock is going to begin upon sale. It may be difficult to identify the Replacement Properties within 45 days. Again, there may be some relief afforded by the 3-Property and/or the 200% Rule, but it can be stressful. To alleviate potential timing issues, most investors begin looking for Replacement Properties before the sale date of the Relinquished Property.
Reverse Exchange as an Option
Some of the time constraints inherent in a multiple property exchange can be made easier by using a https://www.accruit.com/blog/are-1031-reverse-tax-deferred-exchanges-re… exchange.
For example, an Exchanger sells the first property as part of an exchange and subsequently goes under contract and has to close on the Replacement Property, but the second Relinquished Property has not closed by that time. Since an Exchanger cannot buy before selling, a Reverse Exchange can be used to preserve the ability to exchange for it once the second Relinquished Property closes through the exchange. This is sometimes referred to as a part forward and part Reverse Exchange. The forward exchange sells the Relinquished Property first and acquires a percentage of the Replacement Property, the remaining percentage of the Replacement Property is “parked” with the Exchange Accommodation Titleholder initiating the Reverse Exchange and then once the second Relinquished Property is sold, a Reverse Exchange can be completed with the remaining percentage of the Replacement Property being transferred over to the Exchanger.
Another fact pattern arises frequently where the Exchanger finds the “perfect” Replacement Property but has not sold any of the Relinquished Property at that time. The Exchanger can also solve this through a Reverse Exchange. This keeps the Replacement Property in abatement until the Relinquished Properties are sold. Under the IRS rules, the Replacement Property can be held up to 180 days to give time for the other properties to be sold. That time limit is known as a safe harbor reverse exchange. Although falling into the https://www.accruit.com/blog/safe-harbors-core-section-1031-treasury-re… harbor period is highly advantageous, as a result of the https://www.accruit.com/blog/bartell-decision-non-safe-harbor-parking-e… decision in 2017, many exchange companies will allow transactions to go on longer.
1031 Exchanges provide investors with the opportunity to optimize their real estate portfolios without immediate tax consequences. Exchangers are able to either consolidate or diversify their portfolio depending on their specific goals and objectives. When exchanges involved multiple properties, whether on the sale or purchase side, it can increase the level of complexity and it is important for the Exchanger to be aware of all the considerations involved prior to initiating their 1031 Exchange. Awareness of how 1031 Exchange timeframes are treated for multi-property exchanges and knowing how to utilize a Reverse Exchange to combat potential challenges can be prove advantageous for investors looking to conduct a 1031 Exchange with multiple properties.
The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties solely of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice. -
Video: What is a Leasehold Improvement Exchange?
Can you use proceeds from a Relinquished Property to make improvements on a Replacement Property? The answer is yes, a https://www.accruit.com/blog/how-utilize-1031-exchange-related-party-or… Improvement Exchange offers a unique solution for transactions where an Exchanger wishes to complete improvements on land owned by a related party using a 1031 Exchange.
In this educational video, https://www.accruit.com/about/meet-team/matthew-c-douglas-esq”>Matthew Douglas, Senior Director, explains how Exchangers can utilize a 1031 Exchange to complete improvements or build new construction on land held by a related party by way of a long-term ground lease and properly structured leasehold agreement.
We also cover how the leasehold interest and completed improvements are then transferred to the Exchanger and key differences between Leasehold Improvement Exchanges and conventional Improvement Exchanges. -
Video: What is a Leasehold Improvement Exchange?
Can you use proceeds from a Relinquished Property to make improvements on a Replacement Property? The answer is yes, a https://www.accruit.com/blog/how-utilize-1031-exchange-related-party-or… Improvement Exchange offers a unique solution for transactions where an Exchanger wishes to complete improvements on land owned by a related party using a 1031 Exchange.
In this educational video, https://www.accruit.com/about/meet-team/matthew-c-douglas-esq”>Matthew Douglas, Senior Director, explains how Exchangers can utilize a 1031 Exchange to complete improvements or build new construction on land held by a related party by way of a long-term ground lease and properly structured leasehold agreement.
We also cover how the leasehold interest and completed improvements are then transferred to the Exchanger and key differences between Leasehold Improvement Exchanges and conventional Improvement Exchanges. -
Video: What is a Leasehold Improvement Exchange?
Can you use proceeds from a Relinquished Property to make improvements on a Replacement Property? The answer is yes, a https://www.accruit.com/blog/how-utilize-1031-exchange-related-party-or… Improvement Exchange offers a unique solution for transactions where an Exchanger wishes to complete improvements on land owned by a related party using a 1031 Exchange.
In this educational video, https://www.accruit.com/about/meet-team/matthew-c-douglas-esq”>Matthew Douglas, Senior Director, explains how Exchangers can utilize a 1031 Exchange to complete improvements or build new construction on land held by a related party by way of a long-term ground lease and properly structured leasehold agreement.
We also cover how the leasehold interest and completed improvements are then transferred to the Exchanger and key differences between Leasehold Improvement Exchanges and conventional Improvement Exchanges. -
Preserving Wealth and Key Considerations for Investment Advisors in 1031 Exchanges
A 1031 Exchange is a powerful tax-deferral strategy that allows real estate investors to reinvest proceeds from the sale of an investment property into another qualifying property, deferring associated taxes and preserving wealth. While many investors are familiar with the basic benefits of 1031 Exchanges, fewer fully understand their role in estate planning and passive investment opportunities like Delaware Statutory Trusts (DSTs). In this blog, we’ll explore how 1031 Exchanges can be strategically used to build and preserve wealth across generations, optimize estate planning, and provide investors with passive real estate options. Additionally, we’ll cover key considerations for Registered Investment Advisors guiding clients through the 1031 Exchange process, including tax implications, compliance requirements, and investment alternatives.
Estate Planning
https://www.accruit.com/blog/1031-tax-deferred-exchanges-important-esta… planning is an essential consideration for many, particularly those with large real estate holdings. One of the key benefits of a 1031 Exchange in this context is its potential to help preserve wealth across generations.
Stepped-Up Basis Upon Inheritance
By using a 1031 Exchange during their lifetime, individuals can continue to defer taxes, thereby allowing them to build a larger estate that will benefit from a stepped-up basis when transferred to heirs upon death. Essentially, the exchange allows Exchangers to grow their wealth, pass it down, and defer taxes on gains, sometimes indefinitely, that they would have incurred by selling the property outright. It is important to note that the stepped-up basis applies to property acquired through a 1031 Exchange that is still held at the time of the property owner’s death.
When an individual passes away, their heirs receive inherited real estate at the fair market value as of the date of the prior owner’s death. Typically, this means that the heirs received the property with a stepped-up basis, rather than the basis of the previous owner. For individuals who have held property for many years, this adjustment can significantly reduce tax liabilities if the property is later sold by the heirs.
Wealth Preservation
For individuals with significant real estate investments, a 1031 Exchange provides a powerful tool for preserving wealth without having to liquidate assets and pay taxes on gains and depreciation recapture. Exchangers have the ability to reinvest the full proceeds from the sale of their Relinquished Property into other qualifying property, deferring tax liabilities that would otherwise reduce the amount of capital available for reinvestment.
Without a 1031 Exchange, investors face a combination of taxes that could significantly devalue their proceeds:https://www.accruit.com/blog/what-are-capital-gains”>Federal Capital Gains Tax: 15-20%
https://www.accruit.com/blog/what-depreciation-recapture-tax”>Depreciat… Recapture Tax: 25%
https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… Income Tax: If applicable, up to 13.3%
https://www.accruit.com/blog/what-net-investment-income-tax”>Net Investment Income Tax: If applicable, 3.8%These taxes typically total between 25 – 35% of the proceeds, depending on an individual’s situation. For example, if the Relinquished Property is sold for $1,000,000 with an adjusted basis of $400,000 and $200,000 in prior depreciation, their total gain is $600,000. Without a 1031 Exchange, the investor could lose nearly $200,000 of their proceeds to the aforementioned taxes. In contrast, utilizing an exchange allows the full $1,000,000 to be reinvested, preserving a significantly larger portion of wealth.
Strategic Use for Family Trusts
For individuals looking to pass their real estate holdings to future generations through family trusts, 1031 Exchanges can help optimize the timing of asset transfers that are deemed necessary due to market issues or other circumstances that arise over time. As opposed to a taxable sale of a property no longer wanted, trusts can use 1031 Exchanges to reposition or diversify their holdings as often as necessary, thus deferring taxes, enhancing the real estate portfolio and possibly allow the estate to receive a stepped-up basis when the estate is passed down to beneficiaries.
Exploring Passive Investment Opportunities
While 1031 Exchanges are often associated with active real estate management, passive real estate investments are becoming increasingly popular among many investors. This is where Delaware Statutory Trusts (DSTs) come in as a powerful option. DSTs allow investors to participate in the ownership of professionally managed, commercial grade property without the need for active management.
Delaware Statutory Trusts
A https://www.accruit.com/blog/delaware-statutory-trusts-1031-exchange-in… Statutory Trust is a legally recognized trust that holds title to investment property. Investors in a DST receive beneficial ownership interests and share in the income and potential appreciation from the property. DSTs are structured to qualify as like-kind properties for a 1031 Exchange, making them an attractive option for clients looking for a more hands-off approach to real estate investment. (
Benefits for Investors
DSTs offer several benefits that can align with investor goals:Passive Management: Since DSTs are managed by professional real estate operators, investors don’t have to worry about the day-to-day management of the property. This is ideal for those who want the benefits of real estate investment without the time commitment.
Diversification: DSTs allow investors to pool their capital with others to invest in larger, institutional-grade properties, such as commercial real estate or apartment complexes, which may be out of reach for individual investors.
Stable Income: Many DSTs invest in income-producing properties, offering potential for regular cash flow through rental income. This can be a stable, predictable addition to an investment portfolio.Key Considerations for Registered Investment Advisors When Advising Clients on 1031 Exchanges
Registered Investment Advisors (RIAs) and other financial advisors help individuals and companies manage their finances and make investments based on their financial goals including stocks, bonds, retirement accounts, etc. Their responsibilities include providing investment strategies, asset management, and comprehensive financial planning.
Real estate holdings represent a largely untapped area of overall wealth with over $6.4 Trillion held within investment property by US households age 55 and over. Furthermore, 90% of these investors identify as unadvised or under-advised on tax deferral strategies for their real estate investments, such as 1031 Exchanges.
Many real estate investors fail to utilize 1031 Exchanges for tax deferral because they lack awareness of reinvestment options including passive real estate investments such as Delaware Statutory Trusts (DSTs). This creates an opportunity for advisors to establish themselves as a total wealth solution discussing not just traditional investment options, but alternative investment options including real estate.
Discussing real estate and incorporating 1031 Exchanges into a client’s wealth strategy can greatly enhance their portfolio, helping clients preserve and grow their wealth while offering advisors the chance to serve as a comprehensive financial guide.
For RIAs advising clients on 1031 Exchanges, understanding the rules, deadlines, and tax implications is essential to facilitating a seamless transaction. Below are critical points to keep in mind:
Strict Deadlines and Timelines
For a 1031 Exchange to qualify, clients must identify Replacement Property(ies) within 45 days of selling the Relinquished Property and close the purchase within a total of 180 days after the sale. Keeping track of these strict deadlines is crucial to ensuring the exchange goes smoothly and tax benefits are preserved.
The Role of a Qualified Intermediary (QI)
A https://www.accruit.com/blog/what-qualified-intermediary”>Qualified Intermediary (QI) is required to facilitate the 1031 Exchange process. The QI holds the proceeds from the sale of the Relinquished Property and ensures that the exchange is conducted according to IRS rules. It’s important to work with a reputable QI, such as Accruit, who has experience in handling these types of transactions.
State Taxes
While the IRS allows 1031 Exchanges, some states, such as https://www.accruit.com/blog/commercial-real-estate-transactions-and-10…;, have their own rules and tax treatments for such exchanges. Be sure to consider any state-level tax implications when advising clients, as these can vary.
Depreciation and Recapture
While 1031 Exchanges allow tax deferral, they do not eliminate depreciation recapture taxes. Clients who have depreciated the property over time may face recapture taxes on the depreciation deductions they’ve taken when they sell the property. Understanding the impact of depreciation and recapture is key to providing sound advice.
Utilizing 1031 Exchanges in investment strategies can offer significant benefits for estate planning, wealth preservation, and passive investing. By understanding tax implications, timelines, and the role of QIs, investment advisors can help clients make informed decisions that align with their financial goals. Whether aiming to defer taxes, diversify investments, or secure a legacy for future generations, leveraging 1031 Exchanges can be a powerful tool in a well-rounded investment approach.
The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.