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  • What is “Boot” in a 1031 Exchange

    What Does Boot Refer to in an Exchange?
    The term boot is commonly used when discussing the tax consequences of an exchange. Boot is anything that is not considered “like-kind” that the taxpayer receives in an exchange. This could include cash, property other than real property, or net debt relief. Any boot the taxpayer receives is regarded as taxable gain and will trigger a taxable event. There are two categories of boot, mortgage boot or cash boot. Mortgage boot refers to the liabilities assumed by the taxpayer. Mortgage boot occurs when the exchanger reduces a loan or debt from one property to the other. Cash boot is any cash that the taxpayer receives once the exchange is finalized. It is also important to remember that relief of debt is a taxable event. Here are examples of mortgage and cash boot.
    Cash Boot
    Ms. O’Connell has paid off the mortgage on her property with a value of $100,000. She enters into an exchange and purchases a property with a value of $90,000. Ms. O’Connell receives the remaining $10,000 in cash at the end of her exchange. She receives cash which is cash boot, and Ms. O’Connell will have to pay taxes on the $10,000.
    Mortgage Boot
    Ms. O’Connell exchanges her property with a value of $100,000 and a mortgage of $50,000. She purchases her replacement property for $90,000 and takes out a loan of $40,000. Because Ms. O’Connell initially had a loan for $50,000 and ultimately ended up with a $40,000 loan, $10,000 less, she has $10,000 in mortgage boot. Even though she never received any cash from the exchange, the mortgage boot is subject to a capital gains tax.
    Cash boot can also occur in transactions that involve debt. Suppose a taxpayer places more debt on the replacement property than there was on the relinquished property. The funds held by the Qualified Intermediary are not all used, resulting in excess funds. In that case, the taxpayer will receive the taxable boot. For example:
    Ms. O’Connell exchanges her property with a value of $100,000 and a mortgage of $40,000. She purchases a replacement property with the same value of $100,000. Ms. O’Connell takes out a loan of $50,000 and uses $50,000 of the $60,000 held by the qualified intermediary to purchase the replacement property. Although Ms. O’Connell exchanged her property for another of the same value, the $10,000 cash left in the exchange account that she receives is cash boot and considered taxable gain.
    Boot Netting Rules 
    Certain types of boot may cancel out each other, which will lessen their overall impact and reduce the taxable gain. Boot netting rules include:

    Cash boot paid on the acquisition of replacement property offsets cash boot received on the disposition of the relinquished property. Cash boot spent on the purchase of the

  • Millennial Monopoly | How to Get into the Real Estate Game

    Millennial Monopoly | How to Get into the Real Estate Game

    Overview
    Growing up, you collect the deed to the Reading Railroad, State Avenue, and Park Place to then realize it’s not quite as simple as a roll of the dice. The advantages and profitability of real estate investments have become more well-known and popular in recent years. Markets are getting hotter while younger people are trying to buy instead of rent, grow their wealth, and prepare for retirement. Throughout all industries, we see people looking for additional sources of income through potential rental properties. Although a great strategy and likely a lucrative venture, not everyone can invest the time and resources to managing an apartment complex, an Airbnb, an office building, or another property that requires regular oversight. For a young entrepreneur, apart from the daily challenges, current prices make it difficult to afford one let alone several investment properties. But that does not mean there are not options for those still interested. There are ways to partake in the real estate industry at an affordable price without committing to the sole responsibility. Through fractional real estate, individual investors can purchase a percentage of commercial real estate ownership that would otherwise be unattainable.
    Fractional Ownership
    Fractional ownership is an investment structure that allows multiple investors to purchase percentage ownership in an investment-grade asset. In the United States, there are two primary options for those interested in fractional real estate ownership:  Delaware Statutory Trust (DST) and Tenant-In-Common (TIC) ownership.
    Tenant In Common Ownership
    DST is a legal entity created as a trust in which each investor owns a “beneficial interest.” The DST was developed as a solution to some of the downfalls of a TIC. A TIC requires all the co-investors to agree on any action. It can only have a maximum of 35 investors, and lenders must underwrite all the borrowers within the TIC structure. A DST does not allow for any input from beneficial interest owners, meaning no need for unanimous agreement, the IRS does not have a stated limit for the number of investors a DST may have, and unlike in a TIC, a lender only underwrites a single borrower for a DST, making it easier to secure financing. The investor receives a deeded fractional ownership in the property in a percentage based upon the equity invested. These investments generally pay quarterly based on the excess rent over the property expenses, including mortgage payments. The rate of return varies from deal to deal based on the specifics of the property and financing. Typically, the sponsor knows the net rent that can be expected and can give the investor the anticipated return for the investment term. A DST is a great option for those who wish to diversify their portfolio by including some real estate elements. They allow individuals to rely on a specific return and avoid having to work directly with tenants.
    Conclusion
    The importance of financial literacy has been brought more attention through the growth of the internet and social media. Real estate investments are not just for moguls that purchase hotels or corporate executives buying shopping malls. There are many options for those young and old that want to diversify their portfolios, begin acquiring assets, or are already ready to upgrade their property. The standard fix and flip of houses has been a very well-known wealth-building strategy. The simple idea of buying a cheap home that needs fixing, making the repairs, and selling for a profit does sound like a piece of cake. Most of the time, the part that gets left out is how much you owe in taxes after receiving that money. Buying a house and making repairs also isn’t as attainable as it once may have been. It takes a lot of time and more money than what you’ll find in your piggy bank. Long-term investment in real estate and then exchanging for more can bring a much higher financial benefit, and it is a strategy that anyone can take advantage of. Yet, many don’t because they think they don’t qualify, can’t afford it, or believe it won’t make a difference, which is not true. It’s time to get into the real estate game, talk to a financial advisor to see if a TIC or DST may be right for you, and get your dice rolling.
    Accruit’s team of experts are available to help answer questions, work through your blog

  • Millennial Monopoly | How to Get into the Real Estate Game

    Millennial Monopoly | How to Get into the Real Estate Game

    Overview
    Growing up, you collect the deed to the Reading Railroad, State Avenue, and Park Place to then realize it’s not quite as simple as a roll of the dice. The advantages and profitability of real estate investments have become more well-known and popular in recent years. Markets are getting hotter while younger people are trying to buy instead of rent, grow their wealth, and prepare for retirement. Throughout all industries, we see people looking for additional sources of income through potential rental properties. Although a great strategy and likely a lucrative venture, not everyone can invest the time and resources to managing an apartment complex, an Airbnb, an office building, or another property that requires regular oversight. For a young entrepreneur, apart from the daily challenges, current prices make it difficult to afford one let alone several investment properties. But that does not mean there are not options for those still interested. There are ways to partake in the real estate industry at an affordable price without committing to the sole responsibility. Through fractional real estate, individual investors can purchase a percentage of commercial real estate ownership that would otherwise be unattainable.
    Fractional Ownership
    Fractional ownership is an investment structure that allows multiple investors to purchase percentage ownership in an investment-grade asset. In the United States, there are two primary options for those interested in fractional real estate ownership:  Delaware Statutory Trust (DST) and Tenant-In-Common (TIC) ownership.
    Tenant In Common Ownership
    DST is a legal entity created as a trust in which each investor owns a “beneficial interest.” The DST was developed as a solution to some of the downfalls of a TIC. A TIC requires all the co-investors to agree on any action. It can only have a maximum of 35 investors, and lenders must underwrite all the borrowers within the TIC structure. A DST does not allow for any input from beneficial interest owners, meaning no need for unanimous agreement, the IRS does not have a stated limit for the number of investors a DST may have, and unlike in a TIC, a lender only underwrites a single borrower for a DST, making it easier to secure financing. The investor receives a deeded fractional ownership in the property in a percentage based upon the equity invested. These investments generally pay quarterly based on the excess rent over the property expenses, including mortgage payments. The rate of return varies from deal to deal based on the specifics of the property and financing. Typically, the sponsor knows the net rent that can be expected and can give the investor the anticipated return for the investment term. A DST is a great option for those who wish to diversify their portfolio by including some real estate elements. They allow individuals to rely on a specific return and avoid having to work directly with tenants.
    Conclusion
    The importance of financial literacy has been brought more attention through the growth of the internet and social media. Real estate investments are not just for moguls that purchase hotels or corporate executives buying shopping malls. There are many options for those young and old that want to diversify their portfolios, begin acquiring assets, or are already ready to upgrade their property. The standard fix and flip of houses has been a very well-known wealth-building strategy. The simple idea of buying a cheap home that needs fixing, making the repairs, and selling for a profit does sound like a piece of cake. Most of the time, the part that gets left out is how much you owe in taxes after receiving that money. Buying a house and making repairs also isn’t as attainable as it once may have been. It takes a lot of time and more money than what you’ll find in your piggy bank. Long-term investment in real estate and then exchanging for more can bring a much higher financial benefit, and it is a strategy that anyone can take advantage of. Yet, many don’t because they think they don’t qualify, can’t afford it, or believe it won’t make a difference, which is not true. It’s time to get into the real estate game, talk to a financial advisor to see if a TIC or DST may be right for you, and get your dice rolling.
    Accruit’s team of experts are available to help answer questions, work through your blog

  • Millennial Monopoly | How to Get into the Real Estate Game

    Millennial Monopoly | How to Get into the Real Estate Game

    Overview
    Growing up, you collect the deed to the Reading Railroad, State Avenue, and Park Place to then realize it’s not quite as simple as a roll of the dice. The advantages and profitability of real estate investments have become more well-known and popular in recent years. Markets are getting hotter while younger people are trying to buy instead of rent, grow their wealth, and prepare for retirement. Throughout all industries, we see people looking for additional sources of income through potential rental properties. Although a great strategy and likely a lucrative venture, not everyone can invest the time and resources to managing an apartment complex, an Airbnb, an office building, or another property that requires regular oversight. For a young entrepreneur, apart from the daily challenges, current prices make it difficult to afford one let alone several investment properties. But that does not mean there are not options for those still interested. There are ways to partake in the real estate industry at an affordable price without committing to the sole responsibility. Through fractional real estate, individual investors can purchase a percentage of commercial real estate ownership that would otherwise be unattainable.
    Fractional Ownership
    Fractional ownership is an investment structure that allows multiple investors to purchase percentage ownership in an investment-grade asset. In the United States, there are two primary options for those interested in fractional real estate ownership:  Delaware Statutory Trust (DST) and Tenant-In-Common (TIC) ownership.
    Tenant In Common Ownership
    DST is a legal entity created as a trust in which each investor owns a “beneficial interest.” The DST was developed as a solution to some of the downfalls of a TIC. A TIC requires all the co-investors to agree on any action. It can only have a maximum of 35 investors, and lenders must underwrite all the borrowers within the TIC structure. A DST does not allow for any input from beneficial interest owners, meaning no need for unanimous agreement, the IRS does not have a stated limit for the number of investors a DST may have, and unlike in a TIC, a lender only underwrites a single borrower for a DST, making it easier to secure financing. The investor receives a deeded fractional ownership in the property in a percentage based upon the equity invested. These investments generally pay quarterly based on the excess rent over the property expenses, including mortgage payments. The rate of return varies from deal to deal based on the specifics of the property and financing. Typically, the sponsor knows the net rent that can be expected and can give the investor the anticipated return for the investment term. A DST is a great option for those who wish to diversify their portfolio by including some real estate elements. They allow individuals to rely on a specific return and avoid having to work directly with tenants.
    Conclusion
    The importance of financial literacy has been brought more attention through the growth of the internet and social media. Real estate investments are not just for moguls that purchase hotels or corporate executives buying shopping malls. There are many options for those young and old that want to diversify their portfolios, begin acquiring assets, or are already ready to upgrade their property. The standard fix and flip of houses has been a very well-known wealth-building strategy. The simple idea of buying a cheap home that needs fixing, making the repairs, and selling for a profit does sound like a piece of cake. Most of the time, the part that gets left out is how much you owe in taxes after receiving that money. Buying a house and making repairs also isn’t as attainable as it once may have been. It takes a lot of time and more money than what you’ll find in your piggy bank. Long-term investment in real estate and then exchanging for more can bring a much higher financial benefit, and it is a strategy that anyone can take advantage of. Yet, many don’t because they think they don’t qualify, can’t afford it, or believe it won’t make a difference, which is not true. It’s time to get into the real estate game, talk to a financial advisor to see if a TIC or DST may be right for you, and get your dice rolling.
    Accruit’s team of experts are available to help answer questions, work through your blog

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please

  • #Revolutionize1031 at FEA 2021

    #Revolutionize1031 at FEA 2021

    Last week, several members of Accruit joined other industry colleagues at the annual FEA conference in Chicago to hear about the latest updates regarding tax reform and the potential impact to 1031s. Through the efforts of the 1031 Coalition, the 1031 industry was successful in ensuring capping 1031s were not part of the revenue offsets presented by the House of Representatives earlier this month. This is a positive outcome as we typically see the Senate follow the lead on tax offsets from the House.  Furthermore, on the Senate floor last month, Senator Kennedy (LA) submitted an amendment during a “vote-a-rama” to retain 1031s in their current state. Per the request of Senate Finance Chairman Wyden (OR) the vote was taken as a voice-vote and received unanimous support from all Senators.
    This week, 1031 like-kind exchanges allow the country to repurpose inefficient commercial properties, 1031s actually produce a positive economic benefit, increase income taxes, and create additional jobs by stimulating our economy, and any attempts to cap the 1031 provision is equivalent to repeal.  Senators Bennet (CO), Tester (MT) and Kennedy (LA) all showed wide support and understanding of our data and points of impact. 
    The efforts are not over and work still needs to be done.  Accruit will participate in additional Hill meetings in the coming weeks.  We still ask that anyone who may be impacted by a change in the 1031 code, please