Tax Free Exchange

Tax Free Exchange: A Valuable Alternative To A Home Sale

Tax Free Exchange: A Valuable Alternative To A Home Sale

Congress is currently talking tax reform. Two very important real estate benefits are on the so-called “chopping block”, either to be completely eliminated or significantly curtailed.

It is doubtful that the home owner exclusion of up to $500,000 (or $250,000 if you file a single tax return) of profit will be impacted; there are too many homeowner voters who will forcefully object. But investors do not have the same strong lobbyist who can make the case for preserving the “like kind” exchange. So if you have an investment property, now might be the time to consider doing an exchange.

Residential homeowners have a number of tax benefits, the most important of which is the exclusion of up to $500,000 (or $250,000 if you file a single tax return) profit made on the sale of your principal residence. But real estate investors — large and small — still have to pay capital gains tax when they sell their investments. And since most investors depreciated their properties over a number of years, the capital gains tax can be quite large.

There is a way of deferring payment of this tax, and it is known as a Like-Kind Exchange under Section 1031 of the Internal Revenue Code. In my opinion, these exchange provisions are still an important tool for any real estate investor.

The exchange process is not a “tax free” device, although people refer to it as a “tax-free exchange.” It is also called a “Starker exchange” or a “deferred exchange.” It will not relieve you from the ultimate obligation to pay the capital gains tax. It will, however, allow you to defer paying that tax until you sell your last investment property — or you die.

The rules are complex, but here is a general overview of the process.

Section 1031 permits a delay (non-recognition) of gain only if the following conditions are met:

First, the property transferred (called by the IRS the “relinquished property”) and the exchange property (“replacement property”) must be “property held for productive use in trade, in business or for investment.” Neither property in this exchange can be your principal residence, unless you have abandoned it as your personal house.

Second, there must be an exchange; the IRS wants to ensure that a transaction called an exchange is not really a sale and a subsequent purchase.

Third, the replacement property must be of “like kind.” The courts have given a very broad definition to this concept. As a general rule, all real estate is considered “like kind” with all other real estate. Thus, a condominium unit can be swapped for an office building, a single family home for raw land, or a farm for commercial or industrial property.

Once you meet these tests, it is important that you determine the tax consequences. If you do a like-kind exchange, your profit will be deferred until you sell the replacement property. However, it must be noted that the cost basis of the new property in most cases will be the basis of the old property. Discuss this with your accountant to determine whether the savings by using the like-kind exchange will make up for the lower cost basis on your new property. And discuss also whether you might be better off selling the property, biting the bullet and paying the tax, but not have to be a landlord again.

The traditional, classic exchange (A and B swap properties) rarely works. Not everyone is able to find replacement property before they sell their own property. In a case involving a man named Mr. Starker, the court held that the exchange does not have to be simultaneous.

Congress did not like this open-ended interpretation, and in 1984, two major limitations were imposed on the Starker (non-simultaneous) exchange.

First, the replacement property must be identified before the 45th day after the day on which the original (relinquished) property is transferred.

Second, the replacement property must be purchased no later than 180 days after the taxpayer transfers his original property, or the due date (with any extension) of the taxpayer’s return of the tax imposed for the year in which the transfer is made. These are very important time limitations, which should be noted on your calendar when you first enter into a 1031 exchange.

In 1989, Congress added two additional technical restrictions. First, property in the United States cannot be exchanged for property outside the United States.

Second, if property received in a like-kind exchange between related persons is disposed of within two years after the date of the last transfer, the original exchange will not qualify for non-recognition of gain.

In May of 1991, the Internal Revenue Service adopted final regulations which clarified many of the issues.

This column cannot analyze all of these regulations. The following, however, will highlight some of the major issues:

1. Identification of the replacement property within 45 days. According to the IRS, the taxpayer may identify more than one property as replacement property. However, the maximum number of replacement properties that the taxpayer may identify is either three properties of any fair market value, or any larger number as long as their aggregate fair market value does not exceed 200% of the aggregate fair market value of all of the relinquished properties.

Furthermore, the replacement property or properties must be unambiguously described in a written document. According to the IRS, real property must be described by a legal description, street address or distinguishable name (e.g., The Camelot Apartment Building).”

2. Who is the neutral party? Conceptually, the relinquished property is sold, and the sales proceeds are held in escrow by a neutral party, until the replacement property is obtained. Generally, an intermediary or escrow agent is involved in the transaction. In order to make absolutely sure the taxpayer does not have control or access to these funds during this interim period, the IRS requires that this agent cannot be the taxpayer or a related party. The holder of the escrow account can be an attorney or a broker engaged primarily to facilitate the exchange.

3. Interest on the exchange proceeds. One of the underlying concepts of a successful 1031 exchange is the absolute requirement that not one penny of the sales proceeds be available to the seller of the relinquished property under any circumstances unless the transactions do not take place.

Generally, the sales proceeds are placed in escrow with a neutral third party. Since these proceeds may not be used for the purchase of the replacement property for up to 180 days, the amount of interest earned can be significant — or at least it used to be until banks starting paying pennies on our savings accounts.

Surprisingly, the Internal Revenue Service permitted the taxpayer to earn interest — referred to as “growth factor” — on these escrowed funds. Any such interest to the taxpayer has to be reported as earned income. Once the replacement property is obtained by the exchanger, the interest can either be used for the purchase of that property, or paid directly to the exchanger.

The rules are quite complex, and you must seek both legal and tax accounting advice before you enter into any like-kind exchange transaction.

 

 

 

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Why Do Home Buyers Wait For Spring?

Why Do Home Buyers Wait For Spring?

Search Mesquite NV. homes for sale at; Mesquite-realestate.com

Why Do Home Buyers Wait For Spring?

Why do they wait until the competition ramps up and all the other buyers are ready to buy? Why do buyers wait for the “hot” spring market with its price increases and multiple offers?

  • Some buyers delay because they are doing what is expected – “we’re always done it this way” thinking is common in real estate.
  • Others may need the first warm rays of sun and the fragrance of spring flowers for motivation.
  • There may be more listings later in the spring, as sellers react for the same two reasons above, but increased buyer competition may cancel out advantages.Indications are that this will be an active spring market with real estate price and mortgage rate increases which extend deep into 2017. Getting ahead of this momentum may bring benefits and real estate you can love.

    You’re got nothing to lose by shopping now and a lot to gain. Here are Five Smart-Buying Tips for Getting a Jump on Spring:

    Tip #1: Find a real estate professional who is has a lot of experience in the locations you’d consider and with the type of property (detached house or condominium) you want to own.

    Learn what you need to do to prepare to make an offer and what to look for in the properties you’ll view. You’ll also discover the listing price range to shop in and which are the best locations in your buying range. If you don’t start this strategic relationship first, you’ll miss out on many of the advantages of an early start.

    Tip #2: Build your professional team to be ready for offer time.

    Your real estate professional may have recommendations for mortgage brokers, home inspectors, real estate lawyers, and surveyors. Take three names for each and interview them to determine the fit and what they consider the extent of their professional responsibilities to you.

    • For example, concentrate on locating a mortgage broker who has the experience, contacts, and interest to help you finance your purchase. The questions you ask the real estate professional about price range, size of mortgage, and steps in the buying process should also be directed to the mortgage broker. The mortgage pre-approval letter, which may be essential at offer time, will only be truly useful when you’ve been professionally vetted and stamped as mortgage-worthy.

    #Tip 3: Stop Wasting Time and Concentrate on Real Estate.

    There’s a lot to learn and to think about when buying real estate, so your productivity matters. The US 2016 versionof Deloitte’s sixth annual Mobile Consumer Survey revealed more online time wasting than ever:

    • More than 40 percent of consumers check their phones within five minutes of waking – text messages (35%) and email (22%)
    • Each day is disrupted since we look at our phones approximately 47 times. Sleep is disrupted: more than 30% check their devices 5 minutes before sleep and about 50 percent in the middle of the night.
    • Every 60 seconds on Facebook, 510,000 comments are posted, 293,000 statuses are updated, and 136,000 photos are uploaded. The average Facebook visit is 20 minutes; Facebook reports visitors spend more than 50 minutes a day using Facebook, Instagram and Messenger. (Source: Zephoria)
    • Millennials (25 to 34-year-olds) demonstrated higher levels of mobile device interest and use than the phone-hooked younger demographic.
    • Postpone binge watching the latest hyped series until after you buy your dream home.

    Tip #4: Sell Yourself on Success

    According to sales inspiration Dale Carnegie, author of How to Win Friends and Influence People, “The only way to influence someone is to find out what they want, and show them how to get it.” To achieve success, clarify, with the help of professionals, exactly what you want and need from a real estate purchase. Then decide to get it. The professional team you select will provide the know-how and will help you refine your dreams into an achievable goal for the location and price range involved. Do your homework, so you understand what they show you.

    Tip #5: Motivate Yourself During This “Buy-athon”

    What motivates you to want to own real estate? Postpone as many non-real-estate distractions as possible. Clarify what will sustain you through the often-stressful buying process. Use slogans, affirmations, or whatever it takes to persist. You may make offers and lose out on one or more properties before you find yours. Persist using self-motivation – that’s your job. No one else can motivate you. No one cares as much about the outcome as you do.

    What are you waiting for? Get the jump on spring!

    Final Smart-Buying Tip:Don’t get in the way of the professionals finding out what you want and helping you get it.

Nevada Real Estate

Nevada Real Estate laws and practices differ from other states. I will help you navigate the complexities and pitfalls of property purchases. I understand the market in the area you desire and will be your advocate throughout the process. Isn’t it nice to know that you have someone on your side looking out for your interests? I trust that you will find your experience pleasant and are confident that once you use me as your Agent you will insist in doing so in all of your future Real Estate purchases.

 

Vacation and Second Home Properties

Whether you are considering a vacation or second home for a weekend escape or a family legacy property let your me guide you through the decision making process as well as the transaction assuring a smooth and enjoyable experience.

Many of these properties are located in resort areas not in the same State or region as your primary home and are subject to local restrictions, taxes and regulations. Dealing with homeowners associations, management companies, local lending, Insurance, covenants, building regulations, Title issues, well permits, weather conditions that might affect value, transportation and technology options can all be a challenge particularly if you are trying to deal with these issues from a distance. Often times I can show you how you can turn these possible pitfalls into advantages with their local knowledge and expertise.

I want you to enjoy your vacation or second home property bringing you and your family great memories for years to come. By using me as a resource before, during and after the transaction with their attention to detail and guidance will allow you this opportunity.

Condominiums

Many second home owners find that condominiums are an attractive property type for a variety of reasons. They allow more time for enjoyment without a lot of worries like maintenance and daily tasks. They can also offer amenities that are not easily available to single family home owners like swimming pools, shuttle services, game rooms, etc. In many areas the possibility also exists that your unit can be rented out to tourists on a nightly or weekly basis helping offset some of your ownership costs. Naturally there is a fee for all of these services but since the costs are shared amongst all of the owners may make it more manageable for the individual owners.

All complexes should have a Home Owners Association (HOA) and in many states it is required. In most cases the HOA contracts with a management company to handle the day to day items needing attention as well as provide a reservation service to manage the rentals. In most cases the HOA meets annually to discuss items pertaining to the property and the management of those items. It is important prior to ownership to understand how the HOA functions and what their contractual relationship is with the management company. Review the HOA financials, Rules and Regulations and, at least, two years of HOA and Board of Directors meeting minutes. Often these will not be released to you until you have a unit under contract. Meet with the President of the HOA as well as the property manager to better understand if this is a complex that appeals to you. Remember also that once you are an owner you are part of the HOA and part of the decision making process.

HOA dues can cover a variety of items and it is important to understand what those items are. Dues can cover trash service, water, common amenities such as hot tubs, television, exterior building insurance, lawn and driveway maintenance, etc. HOA dues may be collected on a monthly, quarterly or yearly basis.

Most management companies provide the HOA a ten or twenty year forecast of what maintenance issues might be upcoming, like replacement of roofs or sidewalks and the approximate costs involved. This is how the HOA can determine the HOA fees to the individual property owners (usually allocated on a sq. ft. basis). If the property is in a short term rental location they will most likely manage your unit and take care of guest check in, cleaning and maintenance. Their fee is a percentage of the rental income. Find out what this percentage is and what they provide for this fee.

In situations where short term rental income of your unit is possible the management company may inspect and rate your unit annually. The management company’s desire is to attract as many return guests as possible so they generally rent the nicest units first meaning more income for the owner (and perhaps more wear and tear). In many instances the management company has someone on staff that can guide you through the cost benefit or upgrading your unit. Find out what your unit is rated and if there is a benefit to upgrading the unit. Also get rental income figures for like units understanding that individual units may vary due to location within the project and owner usage.

Single Family Homes

Whether your desire is to own a secluded cabin in the woods or a home on a golf course, beach or ski slope determining your needs and how you plan on using this home are essential to your selection process. Will you be using this property seasonally or just on weekends, as a gathering place for friends and relatives for holidays or simply an escape from the stresses of everyday living?  Emotions play a large part in your property selection, as it should. However don’t allow your emotions to be the overriding decider.

There are many factors that need to be considered to insure that you will be able to enjoy your escape property. Most important on this list is what will happen to the home when you are not there? What attention to the home might be needed in your absence?

The benefit of single family home ownership is that you have more flexibility on individual choices. The challenge is more daily attention may be required. There are management companies who specialize in caretaking of single family homes and many offer a menu of options. Understanding the costs and paring down what you need or desire will help you determine what the costs might be. Also understanding local zoning regulations and common interest community’s rules and regulations might determine if this home is appropriate for your desired use.

Other determining factors might be property taxes (some states charge higher property taxes on out of state owners), utility costs, transportation costs and options. Local issues such as snow load or flooding, pest control or mold are also vital pieces of information. Once under contract an inspection should be conducted and in many areas of the United States radon can be a factor. This is relatively simple and inexpensive to mitigate and often something the Seller will pay for.

Land

Perhaps instead of purchasing a pre existing condominium or single family home your desire is to build your dream home. One might think that land would be fairly straight forward to purchase. However there are many things to think about particularly as you move forward to building that special home. Again, understand the covenants of the neighborhood and what you can and cannot do on your property. Are there Square footage minimums or maximums? Perhaps there are architectural guidelines or an architectural committee that must approve your design and finish.

Be sure and negotiate the seller providing you with a survey. During your inspection period it might be a wise idea to have an engineer conduct a soils test to see how easy or difficult it will be to build on the site. Is the municipal water and sewer? If so are there tap fees to hook on. If municipal water and sewer are not available is it possible to dig for a well and at what cost? What type of water is generally found in the area? Check to see if the local regulations allow for a leach field or merely a sewer vault and determine what the cost is to pump out the vault. What is your source of heat? Check to see if natural gas is available or if you need to go with an individual propane tank. Understand the plusses and minuses of owning or leasing the tank.

Interview a local architect or two who can give you an approximation on a dollar per square foot basis on building in the area. Check with the City or County building department to see what the set-backs are and if there are any governmental regulations that you should be aware of.

 

As you can see there are a myriad of issues that need attention and direction to insure that your choice of product type will bring you and your family the enjoyment of ownership and usage that you are seeking in a second home or vacation property. Particularly if you are attempting to do much of this from afar the task can be daunting. Remember that you are not alone in this process. I’m here to help you navigate through the issues and process until your purchase comes to fruition. In most cases I will continue to be a source of information and advice long after your purchase. Isn’t it assuring to know that you have a trusted advocate in your corner and on your side?

Housing Considerations For Retirement Living

When the topic of Retirement Living comes up there are a number of special considerations that are usually included in the conversation. This article will discuss some of the absolutes in any search for property for a retired homeowner.

Low maintenance.

Usually one of the reasons for a move is to avoid some of the maintenance obligations that come with a larger traditional home. A good home for the retirement lifestyle will either be low maintenance or there will be a dedicated maintenance crew to take care of the maintenance. Often the best home with combine both. As an example a condominium normally will have a crew to take care of the exterior and sometimes this same arrangement would cover interior maintenance items like plumbing, heating, and air-conditioning

Easy on the knees

Even if there are no mobility impairments now, a good home for retirement will take into account that there will likely be mobility impairments in the future. That is why the vast majority of retirement communities have all the primary living spaces on the main floor. If more space is needed for things like visitor rooms they often go on upper or lower floors. And don’t forget the entryway to the home. If is always best if there is space for a ramp from the garage or a convenient exterior door. Even if you don’t need it, it is likely that some of your visitors may.

Convenient to activities

Another important aspect is convenience to various activities. Those activities are very different for different people but they often center around golf, fishing, church, or family. Sometimes the retirement community is built around these activities, sometime they are nearby. Consider how those retirement hours will be spent before your purchase.

Additionally if you want to increase your chances of having visitors consider moving to an area close to national attractions. This is one reason there are so many retirement communities near the Disney theme parks.

Easy to travel

One aspect that sometimes gets neglected when choosing a retirement community is access to easy travel. You don’t want to be isolated so consider how you will travel and how friends and family might travel to you.

Secure

One final aspect to consider is security. Ideally you want the ability to close your door and travel without worrying about having your home burglarized. Gated communities often help owners feel more secure. Having friends in the development who can check on your home is another option to consider.