1031 Exchange Glossary

1031 Exchange - A transaction that permits taxpayers to sell an asset held for investment or business purposes, use the proceeds to purchase a like kind investment and defer paying capital gains taxes. A 1031 exchange is also known as a deferred 1031 exchange, 1031 tax exchange and 1031 deferred exchange.

Accelerated Depreciation - A method of depreciation that allows you to deduct a greater portion of the cost of the depreciable property in the first years after the property is placed in service, versus spreading the cost evenly over the life of the asset, as with the straight-line depreciation method.

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– The unrelated third party that facilitates a 1031 exchange. Also known as the qualified intermediary, QI, facilitator, qualified escrow holder.

Actual Receipt - This refers to the exchanger having direct access to the funds of the relinquished property. Also know as Constructive Receipt, can invalidate a 1031 exchange.

Adjusted Basis – The net cost of an asset after adjusting for various tax related items. Adjusted Basis = Purchase Cost + Improvements + Fees (selling costs and legal fees) – Accumulated Depreciation – Other Losses. This is used in calculating capital gains when an asset is sold and also known as the Adjusted Cost Basis.

Agent Godzilla vs. Megaguirus movies – An entity that acts on behalf of the taxpayer. A QI cannot be your agent at the time of the 1031 exchange. For 1031 exchange purposes, an agent includes your employee, attorney, accountant, investment banker, real estate agent or broker within the two-year period prior to the transfer of your first relinquished property

Agreement For Transfer – Purchase agreement, offer and acceptance, sale agreement, earnest money agreement, real estate contract, or other contract contemplating the purchase of sale of real property.

Balancing the Exchange - This refers to a 1031 exchange where the exchanger has deferred 100% of the capital gains taxes and depreciation recapture. To achieve this the exchanger should (A) purchase a property or properties that are equal to or greater than the value of the property sold (B) use all the equity acquired from the sale of the relinquished property towards the purchase of the replacement property (C) obtain the same or greater debt on the replacement property that was on the relinquished property.

Boot – Property or cash the taxpayer receives in the 1031 exchange that is not considered “like-kind” and thus is taxable.

Built to Suit Exchange – A 1031 exchange where the QI acquires and holds the title to the replacement property on behalf of the exchanger while the structures or improvements are built or installed on the replacement property.

Business Asset – Real property, tangible depreciable property, intangible property and other kinds of properties used in business. Exchanging one business for another is not permitted under the IRS Section 1031.

Capital Gain – The difference between the selling price of a property or asset and its Adjusted Basis.

Capital Gain Tax - Tax levied by Federal and State Governments on investments that are held for one year or more.

Capital Improvements – The expenses of upgrading a property rather than repairing it or maintaining it. The costs of the improvements are added to the basis of the property. If the building is being depreciated, the improvements also should be depreciated over the same useful life as the building.

Collectibles – Personal property (ex. coins, stamps, art) that is held for investment. They are exchangeable and not subject to the same rate of taxation.

Community Property – Property acquired by a husband and wife during their marriage. Each spouse has equal rights. Inheritances and gifts are treated as separate property. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states.

Concurrent Exchange – A 1031 exchange in which the disposition of the relinquished property and the acquisition of the replacement properties close at the same time. Also known as a Simultaneous Exchange.

Construction 1031 Exchange – A type of 1031 exchange that allows the exchanger to purchase a property that is not yet completed as long as it will be before the 180 day exchange period limit has expired. These types of exchanges are more complicated and more fees are involved than in a regular 1031 exchange. See Exchange Accommodation Taxpayer (EAT) below.

Constructive Receipt – This refers to the exchanger having direct access to the funds of the relinquished property. A constructive receipt invalidates a 1031 exchange and also know as Actual Receipt.

Contract Exchange - A 1031 exchange on an open option to purchase or an open Sales Contract instead of on the real estate itself.

Cooperation Clause – Language included in the Purchase and Sale Contracts for both relinquished and replacement property that states the transaction is part of an intended 1031 exchange and requires all parties to cooperate in completing the 1031 exchange.

Deduction – An amount that can be subtracted from gross income or from a gross estate lowering the amount on which tax is assessed.

Deferred Exchange - gods of earth and heaven army of lovers mp3 download A transaction that permits taxpayers to sell an asset held for investment or business purposes, use the proceeds to purchase a like kind investment and defer paying capital gains taxes. A deferred exchange is also known as a deferred 1031 exchange, 1031 tax exchange, 1031 deferred exchange or 1031 exchange.

Delayed Exchange - A 1031 exchange where there is a period of time between the closing of the relinquished property and the closing of the replacement property.

Depreciable Property - Property with a useful life of more than one year that is held for investment or used in your trade or business. The cost of the asset is spread over the estimated useful life of the property.

Depreciation - The reduction in the value of an asset due to usage, passage of time, wear and tear, technological outdating or obsolescence, depletion or other such factors. One is allowed to deduct depreciation from income on his or her income tax return.

Depreciation Recapture - The procedure used by the IRS for collecting income tax on a gain realized by a taxpayer when the taxpayer disposes of an asset that had previously provided an offset to ordinary income for the taxpayer through depreciation. In other words, because the IRS allows a taxpayer to deduct the depreciation of an asset from the taxpayer’s ordinary income, the taxpayer has to report any gain from the disposal of the asset (up to the recomputed basis) as ordinary income, not as a capital gain.

Direct Deeding - Deeding the relinquished property directly to the buyer and than having the seller of the property which you are buying deed his property directly to you, skipping the deed to an intermediary.

Disposition - The sale or other disposal of property that causes a gain or a loss including like-kind exchanges and involuntary conversions.

Equity – The value of a person’s ownership in real property; the market value minus any liens or claims against it.

Exchange – The sale or disposition of relinquished property (real or personal) and the acquisition of property (real or personal) that is structured as a tax-deferred transaction in order to defer capital gains tax.

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Exchange Accommodation Taxpayer (EAT) – An LLC formed to hold a property in a construction 1031 exchange or a reverse 1031 exchange.

Exchange Agreement - A written agreement between the QI and exchanger stating the intent of the exchanger to swap the relinquished property for the replacement property, as well as the terms, conditions and responsibilities of each party in relation to the 1031 exchange.

Exchanger - The investor that is completing the 1031 exchange. The IRS refers to the exchanger as the taxpayer.

Exchange Funds Account – An account set up by the Qualified Intermediary (QI) to hold the funds during the 1031 exchange.

Exchange Period – The period of time the exchanger has to complete a 1031 exchange. It is 180 days even if the 180^th day falls on a weekend or holiday. If the date the investor’s tax return is due comes before the 180 days that becomes the end of he exchange period. The investor may file for an extension with the IRS if the tax return date occurs before the 180 th day.

Excluded Property – Property held for personal use (like homes, cars, etc.), cash, stocks, bonds, and other securities, and partnership interests are not able to be exchanged in like-kind exchanges.

Fair Market Value – the price at which property would change hands from a seller to a buyer if neither party is under pressure to sell or buy, both parties have reasonable knowledge and both parties have all the necessary facts.

Forward Delayed Exchange – A kind of 1031 exchange that occurs when the relinquished property is sold and the replacement property is purchased within the 180 day exchange period. This is the most popular kind of 1031 exchange.

Fractional Interest - An undivided fractional interest or partial interest in property. See also Tenancy-In-Common Interests.

Identification Period – The 45 day period that follows the close of escrow of the relinquished property. The exchanger must identify the property or properties with which he or she plans to replace the relinquished property in this time period.

It is very strict and even if the 45^th day is a weekend or holiday the deadline must be kept in order for the IRS 1031 exchange to be successful.

Identification Removal – A form that is used to remove previously identified property/properties within the identification process in a 1031 deferred exchange.

Identification Statement – A form used in a 1031 tax exchange to identify potential replacement property/properties.

Improvement Exchange – A 1031 exchange in which the QI holds the titles to the replacement property for the exchanger for a period of time. During this time structures are built or improved on or in the replacement property.

Improvements – The expenses of upgrading a property rather than repairing it or maintaining it. The costs of the improvements are added to the basis of the property. If the building is being depreciated, the improvements also should be depreciated over the same useful life as the building. Also known as capital improvements.

Intermediary

– See Qualified Intermediary

IRS 1031 – The code that allows for a 1031 tax free exchange.

Like-Kind Exchange

– Another way of referring to a 1031 exchange.

Like-Kind Property – Property that is exchangeable with another property. This refers to the nature or character of the property and not its quality. Basically it is any real estate that is not a personal residence or second home.

Like-Kind Personal Property – This refers to property that belongs to the exchanger and is not real estate. The rules are less lenient than when dealing with properties.

Mixed Property (Multi-Asset) Exchange - An exchange that contains different types of properties (ex. real property, personal property, etc.). In this kind of exchange the relinquished properties are grouped and matched with corresponding like-kind replacement properties.

Multiple Property Exchange – Selling or purchasing more than one property in a 1031 tax exchange.

The Napkin Rule – In a 1031 exchange, if the replacement property is not of equal to or greater value than the relinquished property the exchanger will be responsible for any taxes on the differences in prices. The cash from the sale must be used for the purchase in order to completely defer the capital gains tax.

Ordinary Income Tax – Taxes levied by the Federal and State governments on the adjusted gross income of a taxpayer. If an investment is held for less than one year it is taxed at ordinary income tax rates.

Original Basis – The original purchase price of a property.

Partial Exchange – An exchange that includes both qualified like kind property and non like-kind property (or some other form of boot). In this kind of 1031 exchange tax liability is deferred on the qualifying portion of the exchange and incurred on the non-qualifying portion.

Personal Property Exchange – An exchange of relinquished personal property for replacement personal property that are of like-kind or like-class. These are tax deferred.

Phase 1 – Also known as the “down-leg” of the 1031 deferred exchange process; the selling of a property and completion of all accompanying paperwork.

Phrase 2 – This is known as the “up-leg” of the deferred 1031 exchange process; this occurs when the replacement property has been purchased and the all the paperwork is completed.

Principal Residence Exemption - Exclusion from capital gain tax on the sale of principal residence of $250,000 for individual taxpayers and $500,000 for couples, filing jointly, as stated by the IRS. Property must have been the principal residence of the taxpayer(s) 24 months out of the last 60 months. If a property is used as both an investment and a personal residence the taxpayer can defer taxes on the investment portion and exclude payment on the primary residence.

Qualified Escrow Account – An escrow account that limits the exchanger’s rights to benefit from the cash received from the sale of the relinquished property. It also ensures that the funds are protected against claims from creditors of the QI.

Qualified Exchange Accommodation Arrangement - The contractual arrangement between the exchanger and the Exchange Accommodator Titleholder (EAT).

Qualified Intermediary (QI) – The unrelated third party that facilitates a 1031 exchange. Also known as the accommodator, facilitator, or qualified escrow holder.

Qualified Use - In a 1031 exchange, the exchanger must have the intent to hold the property for investment or for income production in order to satisfy the qualified use test.

Real Property - Land, land improvements resulting from human effort including buildings and machinery sited on land and various property rights over the preceding (ex. homes, apartment buildings, shopping centers, commercial buildings, factories, condominiums, leases of 30-years or more, quarries and oil fields.) All types of real property are considered like-kind and thus exchangeable for all other types of real property in a 1031 exchange.

Real Estate Exchange – The exchange of real property for real property. All kinds of real property are considered like-kind for other real properties. See Real Property above.

Relinquished Property – In a 1031 property exchange, the original property being sold by the exchanger.

Replacement Property – The 1031 replacement property being purchased in a section 1031 exchange.

Reverse Exchanges – A 1031 real estate exchange in which the Replacement Property is purchased before the sale of the Relinquished Property.

Rules of Identification – Guidelines that must be followed when identifying properties in a 1031 deferred exchange. They are the 95% Rule, 200% Rule, and Three Property Rule. Doctor Dolittle on dvd

Real Estate Investment Trust (REIT) - A trust that invests in real estate and mortgages and passes income, losses, and other tax items to its investors. REITS are typically classified as a security and are therefore not exchangeable.

Related Person: As described by the IRS, any person bearing a relationship to the exchanger (spouse, child, sibling, parent, grandparents but not aunts, uncles, cousins or ex-spouses), a corporation in which the exchanger has more than a 50% ownership, and a partnership in which the exchanger owns more than a 50% share of the capital or profits.

Safe Harbors – Regulations established by the IRS that assist exchangers and QI’s structure a successful 1031 exchange.

Seller Carry-Back Financing – When the buyer of a property gives the seller a note secured by a deed of trust or mortgage. In a 1031 tax free exchange this type of financing is treated as boot unless it is sold on the secondary market or used as a down payment for the property.

Settlement Agent – Title agent, closing officer, escrow officer, settlement officer, closing agent, closing attorney, settlement attorney.

Simultaneous Exchange – A 1031 investment exchange in which the disposition of the relinquished property and the acquisition of the replacement properties occur at the same time. Also known as a Concurrent Exchange.

Starker Exchange – Another name for the IRS1031 exchange. It is named after a court decision made in Starker vs. Commissioner in 1979 that set the precedent for our current day 1031 exchanges.

Straight-line Depreciation Method - A depreciation method that spreads the cost or other basis of property evenly over its estimated useful life.

Taxpayer – Client, investor, exchanger.

Tax Deferral

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– The postponement of taxes to a later year. This is often done by recognizing the income at a later time. 1031 exchanges are a common method of deferring capital gain.

Tax Deferred Exchange –The procedure outlined in Internal Revenue Code Section 1031 that allows capital gains tax to be deferred as long as all the regulations are followed. Also known as 1031 exchange, delayed exchange, like-kind exchange, section 1031 exchange, tax-free exchange, nontaxable exchange, real estate exchange, real property exchange, Starker exchange.

Tenancy In Common (TIC) – A fractional ownership interest in a piece of property.

Three Property Rule – In 1031 tax exchanges the exchanger may identify up to three properties without regard to their value.

95% Rule – In tax deferred exchanges, the exchanger may identify any number of properties without regard to their value as long as the exchanger purchases 95% of the fair market value of the properties identified.

200% Rule – The exchanger may identify more than three properties provided their fair combined market value does not exceed 200% of the relinquished property in a 1031 exchange.