Copyright 2021 FRED GRUNEWALD
Tax Deferred Exchanges
I've personally participated in 1031 exchanges with many of my own apartment buildings and helped over 100 of my customers exchange into larger properties or exchanged to consolidate properties.
So you want to sell your rental property (house or apartment building) and purchase a bigger property or a property closer to where you live so that you can manage it better? Many of my transactions are with "out of state" owners looking to sell their King County investment property and exchange into a local investment property or multiple properties- Fred Grunewald
Once you sell a property, you are liable for capital gain taxes. Participating in a tax exchange is how you can defer tax, sell a property with massive equity and exchange into a more suitable property.
Exchange "like" property; ie. You must trade real estate for real estate. For example, the trade of an apartment building for a store, or city for farm property, or unimproved property for improved property, are all considered "like kind exchanges."
Identify in writing the property to be received within 45 days after the transfer of the property to be given up in exchange.
Hold title to the property to be received in the same names and tax identification numbers as the property to be given up.
Complete the transaction of the property to be received on or before, either:
The 180th day after the date on which the property given up is transferred; or
The due date, including extensions, for the tax return for the tax year in which the transfer of the property given up occurs; whichever comes first.
Escrow the proceeds from the sale of the property to be given up in a "qualified escrow account" pending the closing of the property to be received.
Give up in trade more than one piece of real property as long as the 45 day identification and 180 day exchange period requirements are calculated from the date the first piece of real property transfers.
Identify more than three properties to be received in exchange as long as total fair market value of the replacement properties does not exceed 200% of the fair market value of the property or properties given up in the trade.
Change the selection of the property or properties to be received as long as this is communicated in writing before the end of the initial 45 day identification period.