Quick Answer: How Long Does It Take To Set Up A 1031 Exchange?

Can you rent a 1031 exchange property to a family member?

It can be rented to a family member as a principal residence so long as market rent is paid.

In order to qualify for the Section 121 exclusion of gain, you must use the home as your principal residence for at least 2 of the last 5 years prior to its sale..

Can you 1031 a primary residence?

A 1031 exchange generally only involves investment properties. Your primary residence isn’t typically eligible for a 1031 exchange. Even a second home that you live in some of the time is ineligible if you don’t treat it as an investment property for tax purposes.

How long does it take to do a 1031 exchange?

To receive the full benefit of a 1031 exchange, your replacement property should be of equal or greater value. You must identify a replacement property for the assets sold within 45 days and then conclude the exchange within 180 days. There are three rules that can be applied to define identification.

How much does it cost to set up a 1031 exchange?

The short answer. The direct cost to you in a 1031 exchange typically comes in the form of a fee paid to your QI. QI fees vary, but most reports indicate that a typical deferred 1031 exchange costs between $600 and $1,200.

What paperwork is needed for a 1031 exchange?

A Deed, Bill of Sale, Invoice and or license are required to solidify the transfer of the exchanged properties. A Settlement Statement is required to illustrate the correct amount of funds coming into the exchange as well as proof the funds are appropriately being utilized to acquire the Replacement Property.

When can you not do a 1031 exchange?

Another reason someone would not want to do a 1031 exchange is if they have a loss, since there will be no capital gains to pay taxes on. Or if someone is in the 10% or 12% ordinary income tax bracket, they would not need to do a 1031 exchange because, in that case, they will be taxed at 0% on capital gains.

How do I avoid taxes on a 1031 exchange?

How to Avoid Boot in a 1031 ExchangeTrade up in real estate value with one or more replacement properties.Reinvest all of your 1031 exchange proceeds from the relinquished property into the replacement property.Maintain or increase the amount of debt on the replacement property.More items…

What qualifies as like kind property?

The term like-kind property refers to two real estate assets of a similar nature regardless of grade or quality that can be exchanged without incurring any tax liability. … This means both properties involved in the exchange must be for business or investment purposes.

How do you set up a 1031 exchange?

The 10-Step Process to Perform a 1031 ExchangeDecide to sell and do a 1031 exchange. … List your property for sale. … Begin looking for replacement properties. … Find a qualified intermediary. … Negotiate and accept an offer. … Close on the sale of your relinquished property. … Identify up to three properties within 45 days. … Sign a contract on the first-choice property.More items…

Can I live in my 1031 exchange property?

Property Held for Investment Use So your primary residence would generally not be accepted as qualified property in a like-kind exchange. The general rule is that you should not be living in any property that you wish to exchange with a 1031 transaction – though there are some exceptions to that rule.

Do I need a lawyer for a 1031 exchange?

IRS regulation requires a Qualified Intermediary to properly complete an exchange. Regulations under IRC Section 1031 disqualify any attorney, broker, accountant or real estate agent who provides routine service to the taxpayer from holding exchange funds.

Is it worth doing a 1031 exchange?

The 1031 exchange can be a great tool to increase your cash flow by deferring taxes. Savvy real estate investors have used it for decades. Through a properly executed 1031 exchange, you can legally delay paying taxes on investment gains when you sell a qualified property.