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1031 Delayed Exchange
A Delayed 1031 Exchange is the most frequently used 1031 Exchange type. It provides flexibility in the 1031 Exchange process by providing a greater amount of time after the sale of the relinquished property to find, negotiate and arrange for the purchase of the 1031 replacement property. The investor in this delayed exchange gets 45 days from the date of sale to identify their intended replacement property or properties and more 180 days from sale for which to close on the acquisition(s). In a Delayed 1031 Exchange , a set of legal documentation procedures are initiated between a Qualified 1031 Intermediary and the 1031 Exchanger.
1031 Simultaneous Exchange
A 1031 simultaneous exchange schemes include the instant transfer of the relinquished property and the replacement property. However, there is still needed a professional mediator to safeguard the 1031 exchange agreement. Mostly, 1031 exchange properties close on the same day but the seller may hold the constructive receipt of the sale money. So, one reciprocal trade will be created by the QI once the relinquished 1031 property is received and the replacement 1031 property is acquired. There are also validation proofs given by the QI for cash flow or transaction structure and makes sure that it is compliance with Treasury regulations of the 1031 Exchange program.
1031 Build-to-Suit Exchange
If you wanted to make capital improvements before acquiring the replacement property then you should opt for the 1031 built-to-suit exchange type then can be referred to as the improvement or construction exchange too. An investor has the flexibility of using 1031 exchange proceeds from relinquished property to fund the capital improvements or construction as per standard 1031 exchange guidelines. This is quite a complicated exchange type where QI will check for the improvements on the land and work should be completed within 180 days before the closing of acquisitions.
1031 Reverse Exchange
In a Reverse 1031 Exchange the replacement property is acquired before the relinquished 1031 property is sold. Revenue Procedure (REV. Proc.2000-37) provides a safe harbor for reverse and build-to-suit reverse 1031 Exchanges. The Rev Proc 2000-37 provides a safe harbor for reverse 1031 exchanges. The procedure provides a guideline on how to properly structure a reverse 1031 exchange. By structuring a reverse section 1031 tax deferred, like kind exchange the investor can acquire the replacement property before the relinquished 1031 property is sold. This tax planning strategy is particularly beneficial in markets where property demand is high and inventory is low.
Delaware Statutory Trust (DST)
A Delaware Statutory Trust (DST) is an entity type which provides certain benefits when used for real estate assets. In a DST interest, multiple owners can join to purchase a large institutional-grade property or properties as individual owners (not as limited partners). As a participant in a DST interest, you own a piece of a large professionally managed building (or portfolio of buildings), receive a pro rata share of the rents, can take depreciation (based on your cost basis), and deduct mortgage interest and other applicable expenses. Most importantly however, interest in a DST can be bought with either cash or 1031 exchange equity.
NNN Lease Properties
Most of the investors today need real estate investments that are free from management. They don’t want to get engaged in maintenance, supervision or tenant leasing responsibilities. This is the reason why single-tenant occupancies are quite popular and attracting investors worldwide having sufficient net worth. Here, Net Lease properties is a much attractive choice for the investors who are looking for tax-deferred 1031 exchange properties. Our professionals have properties priced at $1 million to $10 million or more.
REITs & Funds
A Real Estate Investment Trust (or “REIT” for short), is a company formed to hold investment real estate which it owns and controls. REITs come in two basic varieties: exchange-traded and non-traded. Traded REITs are listed on a stock exchange and offer much more liquidity than traditional real estate investments but come with the volatility and share price swings seen with other listed stocks on a daily basis. Non-traded and private REITs on the other hand, may have limited liquidity options, but can offer investors a stable NAV (net asset value) and provide monthly cash distributions to their investors.
IRC Section 1033 is a section of the tax code which provides certain taxpayers a similar tax-deferral as real estate investor under Section 1031, but specifically for properties which are considered to have been part of an “involuntary conversion.” Involuntary conversions are most often the result of a partial or complete property destruction (typically covered by an insurance payout), a condemnation, or a seizure of the property via eminent domain. Under the U.S. Constitution, the condemning governmental agency is required to compensate the property owner for any loss they suffer due to a governmental seizure of their property.
Oil & Gas
Most of the investors are not aware of the fact that investment in a qualified oil & gas operation will give you similar treatment under the IRC section 1031 to fulfill the varied 1031 Exchange needs. Additionally, interests for this program are typically sold by TIC (tenants-in-common) interests, an investor has the flexibility of buying fractional ownership by diversifying their exchange needs for both traditional real estate and oil & gas investments. This offer suitable style to 1031 exchanger to gain access to another investment sector with zero day to day management responsibilities.
1031 Qualified Intermediary
The U.S. Treasury adopted regulations in 1991 which govern Section 1031 “like-kind” Exchanges. Since then, many thousands of investors have utilized IRC 1031 exchanges to defer capital gain taxes on the sale of their business, investment or income property with the assistance of a professional Qualified Intermediary (“QI”). A QI handles the mandatory mechanics of a 1031 exchange for an investor. An exchange must be facilitated by an independent third-party according to the US Treasury Regulation 1031.1031(k)-1(g)(4)(iii). You’ll also hear a qualified intermediary referred to as a “facilitator” or “accommodator”.
1031 Real Estate Investment Trust (REIT)
Although a REIT is not considered “like-kind” by the IRS for 1031 exchange purposes, an investor who owns an asset which a REIT wants to acquire can execute a 721 exchange (also known as an “UpREIT” transaction). Section 721 of the Internal Revenue Code allows an investor to defer capital gains taxes and depreciation recapture when trading their property to a REIT in exchange for operating partnership units, which are then directly exchanged for shares of the REIT. However, it is not common for large REITs to make small, single-asset acquisitions, so your potential to perform a Section 721 Exchange may be very limited depending on what size and quality of real estate you own.
Zero Coupon/High Loan-to-Value
A high loan-to-value or zero coupon investment property is particularly structured and highly leveraged way of owning a small piece of real estate property that is leased to the high-credit tenant on a long-term basis. Although, zero coupon investments will not provide the users with distributed cash-flow. So, the common question that strikes to your mind here is why should I opt for the zero-coupon properties? It can feature the loan-to-values up to 80 percent and deals are usually planned with a lender to match the loan needs with the value of net cash flow created by the property every month. Further, it will take the cash flow towards attractive debt service payments.