The primary objective of most Section 1031 exchanges is to move an investment from one property to another without incurring a tax liability. In other words, take your money out of this property and put it into that property and pay no capital gain tax. By following the rules and regulations of Section 1031 properly, an investor can accomplish that without having a capital gain tax bill.
Occasionally someone we work with will ask a question similar to this: “How about if I refinance my property and pull cash out, then do an exchange into another property? Borrowed cash is tax-free, right?” The answer is yes, most of the time. However, if an investor refinances close to the date of a sale and then proceeds into an exchange, the IRS would likely consider the refinance proceeds as cash taken out of the exchange (therefore being taxable) unless there was some fairly clear-cut business reason for the refinance outside of simply wanting tax-free cash.
The same goes for a refinance shortly after the purchase of the replacement property. Absent a definable purpose for the refinance, the IRS would quite possibly consider the refinance proceeds as boot, and again, expect taxes to be paid on that cash.
The essence of the matter is that the property owner should be able to substantiate an economic or business purpose for the refinance separate from merely getting around Section 1031 rules to pull out cash. The more time between the refinance and the sale (in the case of a relinquished property) or the purchase and a refinance (in the case of a replacement property), the better.
As always, it is critical to discuss matters such as this with one’s tax advisor for specific advice for your circumstances and plans. Please feel free to ask us any questions on this topic as well as any other exchange-related topics.
Ken Tharp
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Providing Qualified Intermediary services for Section 1031 tax deferred exchanges all over the United States. Headquartered in Iowa, our services are available in Missouri, Kansas, Nebraska, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, and all other states.
INTEGRITY. PRECISION. SECURITY.
Copyright © 2008 By Ken Tharp, All Rights Reserved. * What about Refinancing Before or After an Exchange? *
If you are in the western Iowa/eastern Nebraska area, please consider attending the West Central Iowa Board of Realtors meeting at 6:00 PM on Monday, September 8, 2008 at the Harlan, Iowa Golf and Country Club. The board has asked me to speak on the basics of Section 1031 exchanges. You have my promise that it won’t go on too long and I’ll cover the essentials in a no-nonsense, plain English manner. Non-members are welcome and they pay the same price as the members!
If you are interested, please get in touch with me in order to make a reservation and be sure that there’s a place for you. I hope to see you there!
Ken Tharp
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Providing Qualified Intermediary services for Section 1031 tax deferred exchanges all over the United States. Headquartered in Iowa, our services are available in Missouri, Kansas, Nebraska, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, and all other states.
INTEGRITY. PRECISION. SECURITY.
Copyright © 2008 By Ken Tharp, All Rights Reserved. * West Central Iowa Board of Realtors Meeting *
On April 17, 2008, the Iowa Landlord Association will sponsor the 2008 Spring Educational Seminar and Trade Show at the downtown Holiday Inn, 1050 6th Avenue, in Des Moines. The event starts at 8:00 A.M. and runs until
3:30 P.M. The speakers and their subjects are as follows:
Iowa Equity Exchange will be present at the event as a vendor/exhibitor. Please stop by our table and register to win a $25.00 gift card to Best Buy! It promises to be a fun- and fact-filled day! More information can be obtained on the ILA web site.
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Please consider IOWA EQUITY EXCHANGE as your source for answers to your questions about Section 1031 like-kind tax-deferred exchanges. Contact us at your convenience for prompt, accurate information. Please think of us for your next exchange.
Ken Tharp
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Providing Qualified Intermediary services for Section 1031 tax deferred exchanges all over the United States. Headquartered in Iowa, our services are available in Missouri, Kansas, Nebraska, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, and all other states.
INTEGRITY. PRECISION. SECURITY.
Copyright © 2008 By Ken Tharp, All Rights Reserved. * Iowa Landlord Association Event on 4/17/08 * Contact Ken Tharp for information on Section 1031 tax-deferred exchanges anywhere in the United States.
I have been honored with an invitation to speak at the Two Rivers Real Estate Investor’s Association monthly meeting on Wednesday, March 19, 2008. The meeting will be held at the Agribusiness of Iowa Building, 900 Des Moines Street, Des Moines, IA, from 6:00 pm to 7:30 pm. Click for map.
There is a nominal fee of $10.00 to attend the meeting (goes to the association, not me!), or you can elect to pay $20.00 that will cover you for the entire quarter.
We’re
going to talk about the basics of Section 1031 tax-deferred like-kind exchanges, plus we’ll get into some more advanced areas, too. Andrew Lietzow, Grand Pubah of the association, has specifically aske
d me to discuss reverse exchanges. In addition, I’m going to get out my buy-and-hold versus buy-and-exchange spreadsheet and see if I can get some input numbers from the attendees to crunch. Andrew has also asked me to consider singing my alma mater’s fight song; if I do so, it will take place at the very end of the meeting; any earlier and it would drive everyone away.
There will be take-home materials distributed, and a good time will be had by all.
Come visit, learn about tax-deferred exchanges, and see why IOWA EQUITY EXCHANGE is the company you should use for your next Section 1031 tax-deferred exchange.
Ken Tharp
Providing Qualified Intermediary services for Section 1031 tax deferred exchanges all over the United States. Headquartered in Iowa, our services are available in Missouri, Kansas, Nebraska, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, and all other states.
INTEGRITY. PRECISION. SECURITY.
Copyright © 2008 By Ken Tharp, All Rights Reserved. * Two Rivers Real Estate Investor’s Association Meeting * Contact Ken Tharp for information on Section 1031 tax-deferred exchanges anywhere in the United States.
Midwest farmland prices increased an average of 16% in 2007, according to the Chicago Federal Reserve Bank’s annual survey of agricultural lenders. The 7th Federal Reserve District that is based in Chicago consists of all of Iowa and half or more of four other states: Michigan, Wisconsin
, Indiana, and Illinois.
According to the 265 surveys that were returned by agricultural bankers in this district, farmland prices during the last quarter of 2007 rose 6 percent.
Iowa farmland was consistent with that average, also rising 6% during the quarter. Iowa is divided into five areas by the Chicago Federal Reserve Bank for reporting purposes. The area encompassing most of north and west-central Iowa reported a 24 percent gain over calendar 2007. The area of western Iowa adjoining South Dakota and Nebraska, from the Minnesota border to the Missouri border, increased 20 percent over the same time frame. Rounding out the five zones are the three zones made up of south-central, eastern, and northeastern Iowa at 19 percent, 15 percent and 14 percent.
Section 1031 exchanges are slipping out of the blame for higher land values, and with good reason. Cash corn prices in December were 25 percent higher than December of 2006, and cash soybean prices showed an even greater jump at 62 percent higher. Ethanol, bio-diesel, and increased demand from China and India are the leading blame-getters these days, not tax-deferred exchanges.
Fifty-six percent of the survey respondents (remember, these are agricultural lenders) said that they expect farmland prices to continue their pace of increase into the first quarter of 2008. A scant 2 percent expect land values to decrease, and 42 percent anticipate prices to remain the same from January to March. Since we are already into March, it looks like a pretty safe bet that we are not going to see that decrease the wacky 2 percent expected.
Ken Tharp
Providing Qualified Intermediary services for Section 1031 tax deferred exchanges all over the United States. Headquartered in Iowa, our services are available in Missouri, Kansas, Nebraska, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, and all other states.
INTEGRITY. PRECISION. SECURITY.
Copyright © 2008 By Ken Tharp, All Rights Reserved. * Midwest Farmland Prices Increased an Average of 16% in 2007 * Contact Ken Tharp for information on Section 1031 tax-deferred exchanges anywhere in the United States.
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