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The Wayback Machine - https://web.archive.org/all/20060512074041/http://www.expert1031.com:80/1031facts/articles/index.html
ADVANCED
Articles with advanced
information about how 1031 exchanges work...
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•
NEW: 06.06 Because
the TIC industry is so new, it still has
a number of rough edges that you need
to watch out for. The most important thing
to watch for is the size of the sponsor.
Read this article to find out WHY.
•
NEW: 05.17.06 “When
I sell my Old Property, what happens to
that basis?” “What about the
depreciation I already took?” “If
I fully depreciated my Old Property, will
doing a 1031 exchange let me ‘freshen
up’ my depreciation schedule?”
“If I buy the New Property for $100,000,
can I depreciate the whole $100,000?”
•
NEW: 04.05.06Gary
Gorman says a complex was on
the market for $15 million, but was really
worth about $12 million. "So it has to
appreciate 50% before those people can
break even..."
•
NEW: 03.15.06 The
IRS has just proposed regulations with
the goal to curtail the practice of holding
exchange proceeds in commingled accounts.
Read more here...
• One of the basic requirements
of a 1031 exchange is that the proceeds
must be held by an independent third party
the IRS calls a qualified intermediary.
Who is qualified to be an intermediary...?
• Boot
is the term that the IRS uses for the
part of an exchange that is taxable. When
a transaction overlaps the end of the
year, the year of taxability becomes important....
•
I recently spent an afternoon in a meeting
with one of the people responsible for
Section 1031 of the tax code for the IRS.
Based on that meeting, what follows are
my predictions of changes to look for
during the next year...
•
The most common questions our firm gets
are related to the required holding period
for real estate with which clients intend
to do a 1031 exchange. A good reason for
all these questions is that there is more
confusion about this issue than any other
issue involving 1031 exchanges...
• There
are 1031 exchange provisions that allow
astute investors to move much-needed capital
into hurricane regions in a manner that
will result in a great investment. Read
this to learn more...
• An investor needs to
carefully choose an intermediary, which
generally makes money off the interest
accrued on clients' accounts. "There's
no rules," says Gary Gorman,
author of "Exchanging Up."
"The intermediary is free to do whatever
they want. They could buy Enron stock
with that money...."
•Say three partners want
to remain in real estate and do a 1031
exchange, but chose to go in three different
directions. How can they do a 1031 exchange
if the partnership is required to do the
exchange as the same entity...?
•What started as an instrument
to stimulate the economy worked during
the Great Depression, explains Ramon F.
Guerra, a consultant for the1031 Exchange
Experts, LLC....
•
In a rush to beat the clock, investors
may make hasty decisions and end up overpaying
for a property, said Gary Gorman, whose
business is up 50 percent over last year.
"You're better off paying the tax"
than overpaying, he said. "Don't
let the tax tail wag the dog..."
•
What
do the terms "held for investment,"
or "used in a trade or business"
mean? To find out what the IRS means by
these terms (and especially to find out
what they do NOT mean), read this article...
•
NEW: 04.05.06
Another sad story about a 1031 intermediary,
bankrupt and accused of bilking
investors of millions of dollars,
illustrating yet again why savvy
investors need to do their homework
before choosing a QI...
•
Your QI SAYS he
segregates accounts, but how do
you know? If he's dishonest enough
to lie to you about his commingled
accounts, will he be trustworthy
to manage money on your behalf?
Read this to learn how to spot an
honest QI, and the disaster that
might happen if you don't...
•
It's not the first time, and unfortunately
it won't be the last: another QI
gets caught in shady dealings with
the client's money. Read here to
learn what to look for, and what
The Experts are
doing about it on behalf of their
clients...
•
Once again, a bad QI made off with
his client's money, and once again
it was made possible by a commingled
account. This article will show
you how to avoid this situation
by protecting yourself...
•
Of course the bad QI gets punished
by the judge when he plays hard
and fast with his client's money,
but the buck doesn't stop
there... Read here to see how the
innocent clients got
punished, and what you can do to
avoid this in your own situation...
•
A property is sold, but one of the partners
wishes to take their share of the cash
and pay the tax, while the other partners
want to do a 1031 exchange. This type
of problem is not insurmountable if you
work with a top-notch intermediary...
• "Flipping"
is when you buy a property with the intent
of selling it very soon after the purchase.
Read here to see why this cannot be done
with a 1031 exchange...
• A very popular way for
investors to make money these days is
to convert apartment buildings into condominiums.
But, does this qualify for a 1031 exchange?
This article will give you some answers....
•Free-lance Wall Street
Journal writer Jane Hodges recently asked
John McDonald, client of The 1031Experts,
about the success of his exchange
in the Florida Panhandle. Read more here...
• This article examines
whether you can perform a 1031 exchange
on real estate contracts that have appreciated
in value. Lots of people are doing this,
but are they worth the risk?
•There's a problem with
the current real estate boom: what happens
when you want to get off the merry-go-round
and just put some of that real estate
money in the bank? There are some exemptions,
exclusions, and opportunities to minimize
taxes on real estate profits...
• Whether
or not vacation homes qualify for 1031
exchanges is a hotly contested issue within
the 1031 exchange community. Everyone
has an opinion--so who is right? Read
this article to learn the crux of the
debate and which way the courts have decided...
•What happens if you need
to buy New Property before you have sold
your Old Property? The IRS prohibits this,
but read this article to see how they
let you around this rule....
•There's lots of conflicting
information about the so-called "Year-and-a-Day"
rule. So why all the confusion? This article
will explain the situation as it stands,
and show you why the confusion exists...
•Depending on your situation,
the IRS may now allow you to use your
entire exclusion for your personal residence.
Read this to see if your situation fits
this criteria...
•You get slammed with taxes
because the IRS doesn't allow fix-and-flips
for 1031 treatment, but what can you do?
-- Actually, plenty! Read this to find
out how to structure a fix-and-flip situation
to fall under the 1031 rules...
• The
IRS says you can't do a 1031 exchange
with a relative, but actually it's a lot
more nuanced than that. Read this article
for a little more insight about what this
means...
•Is there, or is there
not, a holding period for property involved
in a 1031 Exchange? Read this to learn
the answer, and find out why there is
so much confusion on this issue...
Articles
and videos with basic information
about how 1031 exchanges work...
- - - - - - -
•
"One of the questions that every
sales associate should ask the client
in a listing presentation is whether this
is [his or her] personal primary residence,”
says Tracey Wilson, a consultant
with The 1031 Exchange Experts,
a Denver-based intermediary firm....
•
NEW: 04.05.06 Former
Secretary of State under President Ronald
Reagan, General Alexander
Haig interviews retired CPA and tax strategy
author Gary Gorman on CNBC's Worlds Business
Review....
•
In your 1031 exchange, you have 45 days
to create a list of properties you may
want to buy. If you put three properties
or less on this list, there are no price
limitations on these properties. However,
if you put more than three properties
on your list, there are very strict limitations.
Read this article to learn more about
these....
•You can roll the gain
from the sale of your old property over
to your new property without paying tax
by using Section 1031 of the Internal
Revenue Code. To accomplish this roll-over,
there are six easy steps you must follow....
There
are many articles by and about
The 1031 Exchange Experts.
See why they say we're
writing the book on
1031 exchanges...
Arizona
Journal of Real Estate
& Business
The
AZREIA Advantage
Bloomberg's
Wealth Manager
Broker/Agent
Magazine, Phoenix
Broker/Associate
Magazine, Denver
CASAS
de Colorado
CCIM
The Voice
Chicago
Real Estate News
Chicago
Sun-Times
CNN/Money
Colorado
Real Estate Journal
CREJ
Business Investors
Guide
The
Denver Business Journal
El
Hispaño
Finance
and Commerce
Financial
Digest Real Estate
Journal
Florida
Real Estate Journal
Forbes
Lessengers
Business Connection
The
METROPOLITIAN Commercial
Mortgage Watch
MSNBC.com
Mundo
Ejecutivo
NABOR
News
Naples
Daily News
New
England Real Estate
Journal
New
Jersey / Pennsylvania
Real Estate Journal
New
York Real Estate Journal
The
New York Times
REJournal.com
Real
Estate Educators Journal
Southwest
Realtor
Vail
Trail Real Estate
Journal
Real
Estate Journal - Wall
Street Journal Guide
to Property
Realty Times®
•Section 1031 of the Internal
Revenue Code allows you to roll the gain
from the sale of your Old Property over
to your New Property without paying tax.
To do this however, there are six basic
rules that you have to follow....
•
Garrett Sutton on wsradio.com's
The Entrepreneur Magazine Legal Show interviews
Gary Gorman about how section 1031 helps
real estate investors. Listen in here...
