1031 Exchange Services,Inc.
EXCHANGE WITH CONFIDENCE
SPECIAL RULES FOR
THE TOP 10 REASONS
TO EXCHANGE END–OF–YEAR EXCHANGES
1. C A S H FLOW
Taxpayers must report (using IRS Form 8824) all exchanges, whether
If you own unimproved land, chances are that its value has increased
straight-forward, reverse or improvement, on the tax return for the
dramatically in the past few years, yet yearly real estate taxes add up,
year in which the relinquished property was sold. If you started an
especially when you don’t derive any income from your investment.
exchange in the latter part of 2005, make sure that you complete your
You can turn a negative cash flow into a positive cash flow, selling at
exchange by acquiring all of the replacement properties that you
today’s historically high prices and exchanging into traditional rental
intend to acquire, before you file your 2005 income tax return.
or commercial real estate, or non-management real estate such as a
IF YOUR 180th DAY
Tenant in Common (“TIC”) interest, without paying capital gains taxes. APRIL 15, 2006, THEN
YOU SHOULD EXTEND
TION DATE IS LATER
NON INCOME PRODUCING
YOUR RETURN TO
THAN APRIL 15, 2006,
R E N TA L / C O M M E R C I A L
R E A L E S TAT E TA X E S =
= GET FULL BENEFIT
AND IF YOU CANNOT
R E A L E S TAT E == OF YOUR 180 DAY
CLOSE ON ALL OF
NEGATIVE CASH FLOW
POSITIVE CASH FLOW
EXAMPLE: Suppose your relinquished property closing occurred on
December 1, 2005. Your 180 day exchange period would expire on
May 30, 2006. In other words, you will be allowed to acquire one or
more replacement properties if you close on your purchase or pur-
chases on or before May 30, 2006. Suppose you acquire one property
in February of 2006, and intend to acquire a second, but the closing
2. C O N S O L I D A T I O N OF INVESTMENTS
is delayed past April 15. In that case you must extend the due date
You can trade two or more properties for one much larger property,
of your return in order to get the full benefit of the 180 day period.
without paying capital gains taxes. Instead of managing several buildings,
In this example your exchange termination date would remain
you may want to manage just one building, or be in a better position
May 30, 2006, although your extended return date would be later.
to hire a manager for one large project.
An extended tax return due date can never result in an exchange
3. D I V E R S I F I C A T I O N OF
period of longer than 180 days.
You may want to have two (or more) chances to reap appreciation,
1031 Exchange Services, Inc. based in Providence, RI, is a professionally
instead of one. Without paying capital gains taxes, you can exchange
staffed, full-service exchange intermediary company involved in tax-deferred
from one investment property into two or more properties, putting all exchanges throughout the U.S. and is a member of the Federation of Exchange
Accommodators. The President of 1031 Exchange Services, Inc. Charles J.
of your equity from one property to work as the down payment for Ajootian, Esq., is a graduate of Harvard College and Boston University School
of Law, and has been a member of the R.I. bar for 31 years. Mr. Ajootian is a
continued inside frequent speaker on the subject of Tax-Deferred Exchanges under IRC Sec.
1031, and can be contacted to give a presentation to your group.
COPYRIGHTc2006 CHARLES J. AJOOTIAN, ESQ.~PRESIDENT AND COUNSEL
TOP TEN REASONS
9. C O M B I N E I N V E S T M E N T R E S O U R C E S
WITH ANOTHER INVESTOR
4. D E P R E C I A T I O N
You can trade out of one property outright owned, and
You can sometimes obtain more
buy into another larger property with another co-owner (note
depreciation deductions by exchanging. An
however that an interest in a partnership wouldn’t qualify).
exchange of unimproved land for improved
For example, if you own a $500,000 property in your own
real estate results in the opportunity for
name, you could decide to trade into a 50% deeded interest
depreciation that did not exist before
in a $1,000,000 property, without paying capital gains taxes.
the exchange. Also, an exchange of
real estate with a low ratio of depreciable basis 1 0. F U T U R E CONVERSION OF USE
to total basis, for real estate with a higher ratio of depreciable You can exchange into an investment that you might
value to total value, will result in greater depreciation deductions. consider moving into some day. Although you cannot have a concrete
plan to do so, you can in effect turn you investment property into a
5. L E V E R A G E
first or second home, without paying capital gains taxes, so long as you
If appreciation has rewarded you with a good amount of equity
rent out the replacement property for at least two years.
in a property, you could use the built-up equity to trade for a larger
value building, without paying capital gains taxes.
6. D E A L I N G WITH
MOM AND DAD’S PROPERTY
If you have received a gift of real estate from your parents during
their lifetime, you will have a capital gains tax problem with regard to
that property if you sell, due to “carry-over” basis. Instead of liquidating
outright and paying all the tax, you can exchange into a property that
better suits your needs, without paying capital gains taxes.
7. R E L O C A T I O N OF INVESTMENT
Sometimes a new job or a new position or retirement entails a
AT 10 31 E X C H A N G E S E R V I C E S,
change of residence. If you own investment real estate, you may not
want to manage the investment from a distance. An exchange makes
Tax-free exchanges under Sec. 1031 are the cornerstones for
it much easier to “relocate” your investment because you will not have building and maintaining wealth in real estate.
to pay capital gains taxes for the privilege of making the change.
Sellers of investment real estate, who intend to re-invest in
real estate, should never pay capital gains taxes.
8. H I G H L Y - L E V E R A G E D , H I G H LY-
A tax-free exchange under IRC Sec. 1031 may be the
These can be costly to sell without an exchange, because the easiest way that any taxpayer can save significant tax
dollars literally “at the stroke of a pen”
amount of the capital gains taxes can approach the amount of cash to
be realized out of the sale. If you exchange instead of selling outright, The use of a professional, full service, full-time qualified
intermediary is the best way for the real estate investor to
you will avoid the problem of little net cash but high tax liability.
maximize the benefits of a like-kind exchange.
Rhode Island does not have a procedure for certification or recognition of specialization by lawyers.
Thus Ms. Jones could keep the $100,000 capital gains tax in her
own portfolio, and could get a return on funds that otherwise
HIGHLY would have been lost forever.
APPRECIATED THE FOLLOWING
RESIDENCES HOW R E V P R O C 20 0 5 –1 4 COULD WORK:
Ms. Jones purchased a home in Newport, RI in 1983 for
Most homeowners are well $100,000. It is now worth $1,100,000. If she sells without a
served by IRC Sec. 121, which conversion to rental, and thus without an exchange, she will
excludes from recognition exclude the first $500,000 of gain under Section 121, but she
$500,000 of gain (for married will pay capital gains taxes on the remaining $500,000 of gain
taxpayers, or $250,000 of gain (a liability of approximately $100,000, federal and state).
for single taxpayers) from the sale of a primary residence which If she converts the property to a rental for a period
they have resided in for at least two out of the past five years. of time (note: one year is the mainstream viewpoint), and then
But sometimes the gain from the sale of a primary “sells” through an exchange, she could achieve a zero tax bill.
residence can be higher than the limits of Sec. 121. The owners The proceeds from her closing would be separated into Sec. 121
of highly- appreciated primary residences should be aware that proceeds ($500,000, paid to her directly and tax-free without any
the IRS has recently validated combining the benefits of Sec. obligation to reinvest) and Sec. 1031 proceeds (the remaining
121 with the benefits of Sec. 1031, in the right circumstances. $600,000, wired to her Intermediary to be used for replacement
Revenue Procedure 2005-14 clarifies a procedure that many tax investment property). She would have to acquire an investment
advisors previously believed was allowable, although there was property worth at least $600,000, but not necessarily a property
no explicit authority. This Revenue Procedure provides that gain that would require her active management.
realized by a Taxpayer in an exchange of a property held for
investment (e.g., as a rental property) and that was previously
used as the Taxpayer’s primary residence for at least two years
during the preceding five year period, will qualify first for the GAINS AND STATE
1983 2006 WITH 500K TAXES
gain exclusion under Section 121 and then for non-recognition EXCLUSION
treatment under Section 1031. NON- PURCHASE SALE 600,000 $100,000
CONVERSION $100,000 $ , 00,000
If the taxpayer is not interested in “traditional” (man- VALUES
agement) property as a replacement, he or she could acquire a 1031 PURCHASE SALE NONE NONE
CONVERSION $100,000 $1
Tenant in Common (“TIC”) property. A “TIC” interest in an insti-
tutional-grade property would provide an attractive cash flow
without any management responsibilities. See the following
side bar for an example.
Newsletter Design: Marketing Extensions, Inc., Providence, RI (Richard K. Papazian)
Charles J. Ajootian, Esq.~ President
CERTIFIED EXCHANGE SPECIALIST
1031 Exchange Services, Inc.
200 Smith Street, Providence, RI 02908-4931
PRIMARY Reasons to
INFORMATION ABOUT TAX-FREE EXCHANGES OF INVESTMENT REAL ESTATE UNDER IRC SECTION 1031
COMMUNICATING TIMELY AND VALUABLE
R E S PON S IVE N E S S An Introduction to
Getting you successfully through the timely 1031
exchange process is our only focus.
IDEN Call Charles J. Ajootian, Esq. at
Avoid legal ramifications WITH
401-331-0083 for your free copy.
> Eliminate delays
> Meet government regulations
This booklet has been prepared by Charles J. Ajootian, Esq.,
President of and Counsel to 1031 Exchange Services, Inc., a
Providence, RI based Qualified Intermediary company.
1031 Exchange Services,Inc. Always seek competent professional advice concerning your
EXCHANGE WITH CONFIDENCE
Learn more about tax-free exchanges at www.1031ri.com