How Do I 1031 Exchange Commercial Properties?
One of the core principles of a 1031 exchange is that the new property must be of like-kind to the one you’re selling. But what does “like-kind” mean?
For commercial properties, the definition is relatively broad. You can exchange:
??An office building for a retail center
??An industrial warehouse for a multi-family apartment complex
??Land for a commercial office building
The IRS defines “like-kind” as any property held for business or investment purposes. So, while you can’t swap your office building for a personal vacation home, almost any income-generating real estate qualifies.
Here’s a step-by-step breakdown:
1. Sell Your Property
Start by selling your commercial property, making sure to structure the sale as part of a 1031 exchange. This is where a Qualified Intermediary (QI) comes in. The QI holds the sales proceeds to ensure you don’t take possession of the funds, which would disqualify the exchange.
2. Identify Replacement Property (45-Day Rule)
You have 45 days from the sale date to identify potential replacement properties. During this period, you can submit a list of up to three properties (or more, depending on specific rules), which you might purchase as part of the exchange.
3. Purchase Replacement Property (180-Day Rule)
You must close on the purchase of your replacement property within 180 days of selling your original property. Missing this deadline means losing the tax deferral benefit.
4. Report to the IRS
Finally, file IRS Form 8824 with your tax return to officially report the 1031 exchange. Your tax advisor will handle the specifics, ensuring you stay compliant with all IRS requirements.
A 1031 exchange doesn’t eliminate your tax obligations, it only defers them. Eventually, when you sell a property without reinvesting in another like-kind property, you’ll need to pay capital gains taxes on the accumulated gains.
?? Understand the intricacies of real estate tax strategy.
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