The 1031 Exchange Experts 1031facts/articles

ADVANCED

Articles with advanced information about how 1031 exchanges work...

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PREVIEW: A common question I get is whether you can rent an exchange property to a relative. Most typically the client wants to buy a replacement property that they can rent to their son or daughter. The answer is yes you can – provided that you strictly follow two basic rules....

READ: Renting 1031 Exchange Property to a Relative - by Gary Gorman in The Colorado Real Estate Journal, 05.01.13

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As I write, there doesn't seem to be any common ground between the Democrats and the Republicans in Congress. But regardless of whether we go off the cliff or not, taxes are going up next year. Americans seem to favor raising rates on....

READ: Crystal Ball Gazing - 1031 Exchanges in 2013 - by Gary Gorman in The Colorado Real Estate Journal, 12.19.12

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• Although mortgage rates are low right now, it's hard for most people to get the type of financing they want when they buy a property. It seems the banks still don’t want to part with their money. The end result may be that you have a serious...

READ: How Seller Financing Will Impact Your 1031 Exchange - by Gary Gorman in The Colorado Real Estate Journal, 08.15.12

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•  It's called "seller financing," "owner carry" or "contract for deed." Your buyer puts up some cash, but needs you to make up the difference. If you're doing a 1031 exchange, you need to know your options. Otherwise, you might end up holding the tax bill...

READ: How Selling Your Property on a Contract Impacts Your 1031 Exchange - by Gary Gorman in The Colorado Real Estate Journal, 07.11.12

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•  The intent pundits will applaud this outcome of this court case as proof that "intent" arguments can win the day for them. This view is short-sighted because they overlook the tremendous cost of going to tax court, and the fact that the odds that are stacked against them once they get there...

READ: Recent Tax Court Case Affirms 1031 Exchange Intent - by Gary Gorman in The Colorado Real Estate Journal, 06.06.12

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• If I get audited in the future, I have yearly proof that tax was already paid and is not subject to taxation again, and a yearly reminder to myself so that I won't pay the recapture tax twice...

READ: Good Record Keeping is Critical if You Have Boot in a 1031 Exchange Transaction - by Gary Gorman in The Colorado Real Estate Journal, 05.02.12

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• Tax law says a 1031 transaction with a related party cannot be used for tax avoidance. So, what is "tax avoidance"? No one knows since the IRS hasn't given us any examples. This article clarifies things a little bit...

READ: Current Related Party Rules for 1031 Exchanges - by Gary Gorman in The Colorado Real Estate Journal, 08.17.11

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I• It's not uncommon for a real estate transaction to have two or more parts that are governed by different code sections. The one we see most often is the sale of a property that involves both 1031 investment property and a primary residence...

READ: Bifurcating a 1031 Exchange: Cutting an exchange transaction into separate parts - by Gary Gorman in The Colorado Real Estate Journal, 08.03.11

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• Of course §1031 is a great vehicle for deferring capital gain taxes, but did you know it's also a very powerful estate-planning tool? This article shows you one way of doing this...

READ: Using 1031 Exchanges as Part of Your Estate Plan - by Gary Gorman in The Colorado Real Estate Journal, 07.06.11

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• Can you do an exchange on a fix-and-flip property? That controversy comes up from time to time. A recent tax court case again makes clear that properties held for a short period of time are 'held for resale' and not investment...

READ: Another Nail in the 1031 Fix-and-Flip Coffin - by Gary Gorman in The Colorado Real Estate Journal, 06.01.11

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• Until now, a debtor's investments in LLCs were considered untouchable. This comfortable level of protection may soon be gone...

READ: New Court Case Weakens LLC Protections - by Gary Gorman in The Colorado Real Estate Journal, 02.16.11

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What's going to happen in 2011, and how do you plan for it? If there isn't agreement between the House, the Senate and the White House, tax rates automatically go up. Can there be some middle ground that everyone can agree on...?

READ: Consult Your Crystal Ball and Read Your Tea Leaves - by Gary Gorman in The Colorado Real Estate Journal, 12.01.10

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The hardest concept clients seem to to grasp is why, if they get money back in a 1031 exchange, it's taxable. To explain this, let me use an actual client situation...

READ: How Basis and Gain Work in a 1031 Exchange - by Gary Gorman in The Colorado Real Estate Journal, 08.18.10

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One of the basic rules for holding title to property in a 1031 exchange is: "how you hold title to your old property is how you have to take title to your new property." But there are exceptions to this rule
...sort of...

READ: Using 'Disregarded Entities' in a 1031 Exchange - by Gary Gorman in The Colorado Real Estate Journal, 08.04.10

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We're getting a lot more calls these days from real estate investors wanting to do reverse exchanges. That's a good sign for the real estate market. Read why I think so, here...

READ: A Reverse Exchange Primer - by Gary Gorman in The Colorado Real Estate Journal, 07.07.10

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1031Donna Fries' radio interview with Gary Gorman was the most informative radio program on real estate investing I have ever heard.

Gus Pyroulis
Real Estate Investor
Panama City, Florida

 
 
Nationwide, Toll-Free: 866-694-0204

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click here to look into the "Exchanger Beware" series...

• 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...

READ: A Sad New Tale of 1031 Intermediary Theft - by Gary Gorman, in The Colorado Real Estate Journal, 04.05.06

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• 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...

READ: "Exchanger Beware..." Intermediary's Commingled Account Destroys Clients' 1031 Exchanges - by Gary Gorman, in The Colorado Real Estate Journal, 02.18.04

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• 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...

READ: Another 1031 Intermediary Steals Client's Exchange Money - by Gary Gorman, in The Colorado Real Estate Journal, 06.16.04

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• 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...

READ: YET ANOTHER 1031 Intermediary Steals Client Exchange Funds - by Gary Gorman, in The Colorado Real Estate Journal, 10.06.04

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• 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...

READ: Court Puts Commingled 1031 Exchange Funds at Risk - by Gary Gorman, in The AZREIA Advantage: Arizona Real Estate Investors Association newsletter, 09.04

There's a lot of little 1031 rules most people, even industry professionals, don't know about. Did you know that it's possible to take some cash out of an exchange tax-free? This is a very specialized circumstance, but read on: it may apply to YOU!

READ: Have Your Cake and Eat It Too - by Gary Gorman in The Colorado Real Estate Journal, 02.10.10

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What's going to happen to 1031 exchanges next year? It seems like every client I talk to wants to know the answer to that question. With some people there's a growing sense of panic over what that answer might be....

READ: 2010 OUTLOOK For 1031 Exchanges - by Gary Gorman in The Colorado Real Estate Journal, 12.02.09

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• In today's real estate market, this is a great question that commonly arises: "What does happen if you sell a property bought in a 1031 exchange at a loss...?"

READ: What Happens When You Sell An Exchange Property At A Loss? - by Gary Gorman in The Colorado Real Estate Journal, 02.18.09

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• One of the largest title companies in the United States filed for bankruptcy--brought down by its' 1031 exchange operation. Do you know what your exchange account's invested in?...

READ: Where's Your Pooled Exchange Account Invested? - by Gary Gorman in Realty Times, 01.21.09

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Congress passed the Housing Assistance Act of 2008 to help those who were losing homes in foreclosure, but it could affect taxation on the gain from the sale of YOUR personal residence....

READ: Congress Limits Gain Exclusion on the Sale of Some Primary Residences - by Gary Gorman for Realty Times, 01.21.09

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• There are different kinds of things that can be exchanged in a 1031 exchange without the payment of tax. Real estate (typically land and buildings) can be easily exchanged for almost any other type of real estate. However....

READ: IRS Allows Exchange of Leasehold Interests in a 1031 - by Gary Gorman in The Colorado Real Estate Journal, 08.19.09

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• Can you buy a residence as your 1031 replacement property and then move into it? You're allowed to do this provided there is no question that you bought the rental house for investment. Read this for the details....

READ: Using Section 1031 to Buy a House You Want to Live In - by Gary Gorman in The Colorado Real Estate Journal, 08.05.09

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• Can you sell multiple properties in a 1031 exchange and roll all the gain into one larger property? A normal 1031 exchange has certain rules, and selling multiple properties doesn't change those rules. But it certainly presents speed bumps that you'll need to overcome....

READ: Speed Bumps: Selling Multiple Properties in a 1031 Exchange - by Gary Gorman in The Colorado Real Estate Journal, 07.01.09

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• A Court ruled that 'sub-accounts' are not 'separate accounts' when it came to the bankruptcy assets of LandAmerica's 1031 division. The decision didn't just hurt the division—it brought down the entire company. Clients were hurt by the decision, but WHICH clients got hurt takes a peculiar twist....

READ: Bankruptcy Court Ruling: 1031 Sub-Accounts Available to Creditors - by Gary Gorman in The Colorado Real Estate Journal, 06.03.09

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• In a recent Private Letter Ruling the IRS ruled that the taxpayer could acquire a 50% partnership interest in a reverse exchange and then subsequently take over that interest to complete their exchange....

READ: 50% Partnership Interest Purchase: ‘OK' says IRS in a Reverse Exchange - by Gary Gorman in The Colorado Real Estate Journal, 04.01.09

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BASIC

Articles, audios and videos with basic information about how 1031 exchanges work...

Articles in this series: Bare Bones Basics of a 1031 exchange

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1031 exchanges as we know them have been around since '91. Most people in real estate have a good working grasp of them, but some have not heard of 1031 exchanges...

READ: The Basics of a 1031 Exchange - Gary Gorman

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Section 1031 allows you to sell your old investment property, buy a new one, and defer all of the capital gains tax to the new. This does three things for you....

READ: Why do a 1031 Exchange? - Jim Sides

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When investment real estate is sold, payment of capital gains tax can be deferred IF the taxpayer does a 1031 exchange...

READ: Exchanging & Saving - Elaine Brockman

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Too many people think that profit, or gain, is simply what you sold your old property for minus what you bought it for. Most of the time that's not accurate...

READ: It Doesn't End at 15% - Tracey Wilson

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People who have only heard of 1031 exchanges know this much: it has something to do with real estate. Basically, a 1031 exchange works like this...

READ: Absolute Beginners start here - James Schuler

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• If you know what you're doing, you can make money in any kind of investing. But for the average investor, real estate presents an especially good choice.

READ: 1031: 101 - Tax-Deferred Real Estate Exchanges for Beginners - Curtis Moore, Esq.

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If you own business or investment property, you may be able to save thousands of dollars by exchanging your assets instead of selling them...

READ: Getting More by exchanging rather than sellingPhil Ladd

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People ask, “Why should I do a 1031 exchange?” I can answer this question in two words: "Financial Leveraging..."

READ: 1031 In a Nutshell - Kim Bicket

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By moving the gain into a new property, you defer paying tax on that gain into the future...

READ: Common 1031 Misconceptions - Cody Walkup

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At the offices of the 1031 Exchange Experts, it astonishes us each time we hear a potential client choose to go with another company because of cheaper fees. Arizona's KTAR.com just broke a story of a 1031 exchange husband and wife team that, if convicted, could face a combined 82 years in prison....

READ: KTAR.com Reports NEW Intermediary Defalcation - by James Schuler, 1031 Exchange Experts, LLC, 02.02.08

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There are many articles by and about The 1031 Exchange Experts.

Alexander Haig's World Business Review

Arizona Journal of Real Estate & Business

The AZREIA Advantage

Bloomberg's Wealth Manager

Bravo Network

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

Denver Business Journal

El Hispaño

Finance and Commerce

Financial Digest Real Estate Journal

Florida Real Estate Journal

Florida Realtor®

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

PAX-TV

Personal Real Estate Investor Magazine

Platinum Television Group

REJournal.com

Real Estate Educators Journal

Southwest Realtor

Summit Daily News

The Travel Channel

Vail Trail Real Estate Journal

Real Estate Journal - Wall Street Journal Guide to Property

Realty Times®





articles from 2008 and before...
2008
Capitalize on the Current Real Estate Market with a Reverse Exchange - 11.25.08 Cost Segregation Studies and 1031 Exchanges - 11.05.08 Using 1031 Exchanges to Shift Gains Between Tax Years - 10.15.08 How Owner Carry Notes Impact 1031 Exchanges - 09.17.08 Saving A Failed Exchange - 08.20.08 UNCERTAIN TIMES: Planning Your Real Estate Tax Alternatives - 07.16.08 Short Sales and 1031 Exchanges - 06.18.08
Where's Your Commingled Exchange Account Invested? - 05.21.08 IRS Issues Vacation Home Ruling - 03.19.08 IRS (and States) Target More Audits Of 1031 Exchanges - 02.12.08 How I Handle My Vacation Home So That I Can Do A 1031 Exchange - 02.04.08        
2007
 
           
2006
 
 

1031 Exchanges on Personal Property - 11.15.06

   
2005
 
 
             
2004
 

The Reverse Exchange -- A Useful Tool - 08.04

 
         
2003
 
     
1998-2002