A tremendous tax advantage that is often overlooked when buying property is the tax deferred opportunity commonly known as a 1031 Exchange. While the guidelines are very specific, they are relatively simple to manage.

Basically, a 1031 exchange allows the buyer to strategically sell a qualified property and buy another within a specific timeframe. Since the IRS views the transaction as an “exchange” and not a sale, it permits the taxpayer to defer the capital gains tax on the property they sell.

We are seeing more and more clients taking advantage of this opportunity; it is not a complicated process, it just has its own set of ironclad rules.

When can you do a 1031 Exchange?

• If you plan on acquiring a replacement (or what is commonly referred to as a “like kind”) property after selling an existing investment property
• If the total purchase price of the “like kind” property is equal to or greater than the total net sales price of the existing property you are selling
• If all the equity that you receive from that sale is used to acquire the replacement “like kind” property

How are the monies handled?

The proceeds from the sale of the investment property must be held by a “qualified intermediary” and do not get handed over to you or your Realtor. These funds are in a sense “escrowed” pending application to the purchase transaction.

What are the 1031 Exchange Timelines?

There are two:

• The Identification Period – You must identify a selection of other replacement properties that you wish to buy. This period is exactly 45 days from the day that you sell the property; no exceptions.
• The Exchange Period – This period ends exactly 180 days after the date that you close on the sale of the home (or is the due date that your federal tax return for the year in which the transfer of the property has occurred, whichever situation is earlier). This is the time period you have to finalize your new purchase transaction.

Please note that while none of these time frames are negotiable, it is a very clear cut process that can save you an extraordinary amount of money and even adds more appeal to this buyers’ market.

Every market is inundated with percentages and statistics and predictions. In the real estate market you’ve got yet another layer comprised of: information about available inventory, the interest rates, hurricanes, and tax incentives.

The icing on these layers of course is the emotional component that comes into play. Some sellers think their property is not regarded highly enough, while some buyers think they are getting ripped off. We’ve unfortunately seen negotiations fall apart over some pretty minor things because feelings get involved.

Not to mention, if you’re a buyer in today’s market you may be under the impression you can easily move on to the next property. It is not always that simple anymore. You would think that buying and selling property would be a fairly simple transaction; well, it used to be. But there are many stars that need to align these days to get the deal done. All the new laws and guidelines (most of which were put in place to protect people), have had far reaching ramifications that can complicate the process to the point of impeding it.

What I’m trying to say is: if you’re a buyer and have found a home you love or you’re a seller and have found a buyer that is qualified – you should try to work it out with both parties under the expertise of your realtors and the lender. Emotions get in the way too often. If you are fortunate enough to have found one another, try to stick together because you may be hard pressed to find someone else to meet over a conference room table anytime soon.

While no one should settle for a sale or a purchase unless it is really right for them, I’d like to suggest that you may regret it if you give up on the deal too easily for the wrong reasons.