ALL >> Business >> View Article
Real Estate Investors - Refinancing With A 1031 Tax Exchange

One of the central concepts behind the 1031 exchange process is that a real estate investor is not allowed to receive any direct benefit from the funds gained as the result of the sale of a 1031 property; any money removed from the sale is seen as 'boot', and this means liable for capital gains taxes. As a result of this, refinancing in order to remove stored value from the 1031 replacement property delves into a rather gray area with regard to acceptability under Section 1031.
In a court case brought against an investor by the name of Garcia, the court ruled that all benefit gained by a taxpayer resultant from the refinance of a piece of real estate in advance of relinquishing it for an exchange will be considered to be taxable boot. This court decision represented the establishment of a standard for the manner in which these sorts of issues. As of now, a more popular strategy is waiting until the replacement property has been closed on, and to refinance at some point afterward. This tactic, however, raises the question of how long it is appropriate to wait before performing this refinance and taking equity ...
... from a replacement property.
The most conservative investors would advise you that you should wait a considerable period of time post-closing (perhaps even as long as two years after), ensure that you are in compliance with the implicit meaning of Section 1031. The current trend amongst the more liberal-minded school of property investors, however, is to make the assumption that the closing on the purchase of a replacement represents the definitive ending point of to the 1031 process, and that one does not need to fret over the substantiation of the exchange after this point. For a real estate investor who looks at the exchange process from this vantage point, it is not relevant how long one waits to refinance a 1031 replacement property, and many will elect to do this directly after the closing has occurred.
If you are expecting any sort of definitive rule as to when you ought to refinance a 1031 replacement property, then you are destined to be disappointed, at least in regard to this article. The 2 perspectives that I have described in this article are merely the opinions of a few, and they are examples of only a few of the viewpoints an investor adopt. Investors vary greatly in how they elect to look at these types of legal gray areas, and the most helpful advice that I can {give you is simply to consult with a good tax adviser or other legal expert in making your final decision, and to work together with him so that you can decide on the path that will be most effective in light of your specific situation.
Add Comment
Business Articles
1. Wholesale Jewelry Manufacturers – ZawaraatAuthor: Nischay Jain
2. Unlocking The Magic Of Dubai: Why Choosing The Right Travel Agency Makes All The Difference
Author: fcatravels
3. Savor The Streets: The Ultimate Guide To Crafting Irresistible Chicken Street Tacos
Author: tacosloscallejeros
4. Savor The Flavor: Top 10 Burger Joints You Must Try Today
Author: hippoburgers
5. Navigating The Market: Top Locations For New Build Houses Available This Year
Author: a2zbuilds
6. Blend It Your Way: Top 10 Must-try Smoothie Shops Near You
Author: frutinieves
7. The Ultimate Guide To Finding Top Recycling Services In Your Area
Author: denverscrapmetal
8. The Ultimate Guide To Finding Reliable Scrap Metal Services Near You
Author: houstonscrapmetal
9. Tangible Assets Investment With Otto Ai: Boost Business Value Using Physical Assets
Author: Otto AI
10. Tourism Seo Company: Elevating Online Visibility And Driving Growth In The Travel Industry
Author: neetu jaiswal
11. Ecommerce Web Design In India: Building Successful Online Stores For The Future
Author: neetu jaiswal
12. Web Design Agency: Crafting Digital Experiences That Drive Business Success
Author: neetu jaiswal
13. Ecommerce Seo Agency: Unlocking The Power Of Seo For Online Retail Growth
Author: neetu jaiswal
14. Real Estate Web Design Agency: Building Digital Presence For The Property Market
Author: neetu jaiswal
15. Social Media Marketing In Mumbai: A Key To Digital Growth
Author: neetu jaiswal