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Jan 15 2012

My TIC property was sold before I could locate an accommodater. they sent me a check for my % of investment(it has not been cashed). The issuing bank said they could void the check and send it to an intermediary. Is there anyway to back up the clock for a 1031 exchange?Tom

There still may be time if you haven’t accepted the check and taken title of the property. In order to prevent constructive receipt, you need to be certain NOT to have cashed the check for the 1031 Exchange proceeds. Better call your closing company ASAP and have this reversed, then contact your 1031 Exchange Qualified Intermediary immediately at 800-570-1031.

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Oct 23 2011

We sold a renetal property about 5 years ago and purchased vacant land instead of another rental property. Can we exchange that land for another piece of land under the 1031 Exchange?

Yes, rental property and raw land are considered like-kind according to the IRS and both qualify for 1031 Exchange.

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Aug 28 2011

Can I fire my 1031 Exchange Qualified Intermediary?

Good question. Thank you! First of all it all depends on where you are in your 1031 Exchange process. If you have already sold your property and your QI is already holding your money, the answer is probably no. But, if you haven’t sold your property yet and something about your QI just isn’t right, there is time to transfer your 1031 Exchange to another company. Check out Realty Exchangers, first. In business since 1989, we’re one of the best and oldest 1031 Exchange companies in the Country.

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Aug 28 2011

1031 Exchange makes me nervous. Too much info, what if I screw it up?

First of all, RELAX. The IRS code for section 1031 Exchange was written to be executed by most tax-payers and is now over 20 years old! This means that people just like you have been doing 1031 Exchanges for over 20 years. The wrinkles have been taken out and for most people it’s just a matter of shuffling papers after you have sold your investment property. Check out our web site for more information. It was written specifically for someone like you and will help you tremendously!

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Aug 28 2011

Uh-oh! Our 1031 Exchange 45 day due date came and went and we didn’t find any replacement properties.

Well, this is not good. Your 1031 Exchange Qualified Intermediary was hired by you to help you with this issue. If it is indeed past 45 days from the date you sold your property and you have not identified your property, the IRS has said that the sale is no longer a 1031 Exchange but a sale, which is subject to Capital Gains Tax.

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Aug 13 2011

purchase price: $800000.00 sale price $2000000.00 with cash dowm: $800000.00 seller carry note: 1200000.00 interest only all due in 5 years,depreciation taken: 300000.00Replacement price: 1000000.00 with cash purchasein this case, can I do partial 1031 exchange and pay tax 5 year later when I receive the note in full cash?

All notes must be considered as cash. You must either sell the note or ask the seller of your replacement property to take it. Cannot 1031 Exchange a note over time, they don’t work that way!

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Aug 13 2011

My company is selling a restaurant that is tied to a line of credit as collateral. The bank wants a CD while the funds are in escrow and controlled by the intermediary. Is this common/possible? Or what can be done to keep the line of credit until a new property is purchased with the funds for replacement collateral?

When you sell your property, all debts/mortgages are settled too. There can be no liens against the proceeds while they are being held by the QI and these funds must be applied to the purchase of a 1031 replacement property. So no, this is not common and not very possible, unless you have a talented and gifted CPA or attorney who knows how to make this work. Our thoughts are probably not.

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Aug 13 2011

Can land that is still under a rental contract legally be offerred for sale before the rental contract is concluded?

As far as a 1031 Exchange is concerned, there should be no obstacles from the IRS standpoint, though it is always advised to discuss this further with your CPA and Tax Attorney, as there may be some issues on your state or local level. Good Luck!

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Jul 26 2011

Can land that is still under a rental contract legally be offerred for sale before the rental contract is concluded?

As far as a 1031 Exchange is concerned, there should be no obstacles from the IRS standpoint, though it is always advised to discuss this further with your CPA and Tax Attorney, as there may be some issues on your state or local level. Good Luck!

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Jul 14 2011

Can I use my 1031 Exchange proceeds for building a 1031 Exchange Replacement property.

The Rules state that under certain circumstance, YES you may do this, however, these are very difficult to do and finding a 1031 Exchange Qualified Intermediary that can help you is difficult as well…and expensive.  The entity that builds the property needs to be set up as its own company and is then named the builder. You can see this gets very complicated, which is why Realty Exchanger’s doesn’t participate in these types of 1031 Exchanges.

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