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Ask a 1031Expert...

Ask us a 1031 question.Shelly: I had a 1031 Exchange in 2007, but now my CPA says that I have to pay capital gains tax. Purchased for 79K, 26K In improvements and sold for 180K. Reinvested 75K on new property,
Ask James Schuler1031 James: Shelly, It appears you did not reinvest all the cash. You must obey all the IRS's rules to the letter to have a successful 1031
Ask us a 1031 question.Michael: We hold property in a CA LLC we'd like to exchange into a TX LLC. Will this qualify since the old and new will be held by different entities? We're trying to not continue business with CA. Thanks for your help. Michael
Ask Tracey Wilson1031 Tracey: Is the CA LLC a Single or multi-member LLC?  If it's SMLLC, then the 'short' answer is YES. If it's a multiple-member LLC, then the answer is MAYBE: depending on its stucture.
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The 1031 Exchange Expert Explains 1031s!
Radio interview with Gary Gorman

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How much could YOU $ave with a 1031 exchange?

The 1031 Exchange Experts, LLC, are National Qualified Intermediaries. Recognized as one of Donald Trump's top real estate experts, this QI wrote the best-selling 1031 book, Exchanging Up! an easy to read 1031 guide.

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Bare Bones Basics of a 1031 exchange
James Schuler James Schuler
Dir. of marketing communications for 1031 Exchange Experts, LLC

People who have only heard of 1031 exchanges know this much: it has something to do with real estate. Basically, a 1031 exchange works like this:

  1. first, you call a 1031 exchange expert (a 'qualified intermediary,' or 'QI'). They start the exchange process for you.
  2. work with a realtor to sell your old property
  3. at the closing, the money goes straight from the closing to your QI. (I explain why below)
  4. work with a realtor to buy a new property.
  5. when you finally close on your new property, the QI sends your money to the closing.

In this way, you buy and sell real estate without handling any cash.

Technically, in the eyes of the law, you're actually TRADING properties with someone. If you possess, hold or control the money at any time between the sale of your old property and the purchase of your new, it becomes taxable to you. That's why when you sell your old property, it bypasses you and goes straight from the closing to the QI. Later, it will go straight from the QI to the closing of your new property.

Why not just buy and sell outright?
Because when you sell something, your fingers touch taxable income. At least....

See also:
1031: 101 - Exchanges for Beginners - Curtis Moore, Esq.
Getting More by exchanging rather than selling - Phil Ladd
1031 In a Nutshell - Kim Bicket
Common 1031 Misconceptions - Cody Walkup
  The Basics of a 1031 Exchange - Gary Gorman
Why do a 1031 Exchange? - Jim Sides
Exchanging & Saving - Elaine Brockman
It Doesn’t End at 15% - Tracey Wilson
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1031News This Week
05/21/2008
1031 NEWS...

Where's Your Commingled Exchange Account Invested?

Gary Gorman

Gary Gorman
Founder, Managing Partner, 1031 Exchange Experts, LLC

Interest rates on separate exchange accounts are currently in the toilet. So it’s not surprising that taxpayers who are doing 1031 exchanges are intrigued with Qualified Intermediaries that offer a high rate of interest on their exchange accounts. But how are they earning those rates? If you use them to do your exchange, what will they be investing your money in? Will you even know where your money is? Most intermediaries commingle their client’s money....

read more....

Recent articles:
Security of Funds: One of the Biggest Issues Facing 1031 Exchanges - Gary Gorman
How I Handle My Vacation Home So That I Can Do A 1031 Exchange - Gary Gorman
IRS (and States) Target More Audits Of 1031 Exchanges - Gary Gorman
IRS Issues Vacation Home Ruling - Gary Gorman
To Defer Or Not To Defer: Journal Observes Shift in 1031 Strategy - James Schuler
articles in the
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Exchanger Beware
 
series...
 

1031 Transactions, like many things in life, are perfectly safe when executed properly... BUT, if the QI is inexperienced, dishonest, or simply doesn't know what he is doing, things can get ugly very fast -- and not just for the QI! Read the "EXCHANGER BEWARE" series so you know what to watch out for in a Qualified Intermediary...

"Exchanger Beware..." Intermediary's commingled account destroys clients' 1031 exchanges - by Gary Gorman

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05/13/2008 10:06:00 AM

Section 1031 of the IRC allows you to defer the capital gains tax upon the sale of qualified real estate and/or personal property used for business, but one of the requirements of doing an exchange is that the exchanger/investor must use a Qualified Intermediary or QI. So, how do you find a good QI...?

After a court case (91 AFTR 2d 2003-1850) there is an obvious criteria. Most QIs place their clients' money in a commingled, escrow-type account. This can be disastrous: if something goes....

read more...

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This Week's TEE-Shot

05/08/2008
Subcribe to Tee-Shots...
Subcribe to Tee-Shots...

Can I use my IRA along with my 1031 proceeds to buy my replacement property . . . 

Yes you can, but it has to be done just right, and there are some limitations on how you use your property. Any property purchased by your IRA must be used for investment purposes only so your replacement property cannot....

...to read more, subscribe to Tee-Shots!

...informative and highly beneficial...

Tee-Shots is most current, informative, and highly beneficial, enabling me to stay informed and assist my clients in the real estate market.

Norm McLean
Broker Associate, TREC
Telluride, CO

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I was SO pleased with the transaction I had with The Exchange Experts. My client's taxes were so high, I just knew we had to do something! My bank didn't do a very good job explaining it to me; they just handed me a stack of complicated papers.

But The Experts were different! You were wonderful to work with, and you had answers to all my questions day or night. (And you didn't treat my questions like they were stupid!) You even helped me at 11pm on the 45th day of my identification period, and you helped me get it in on time with just an hour to spare!!! And when I called you for earnest money, I couldn't believe it was there the very next day! Your process is very carefree and easy -- the whole process was so smooth! Everyone there is so knowledgeable -- I never hung up the phone with you without getting my questions answered! I will certainly recommend you to everyone in my office!

Sherly Seder
Spring Realty

 
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"Every Expert I spoke to was knowledgeable and answered all my questions!!"

Before I chose you, I interviewed several QIs when Rebekah told me about The Experts and about www.expert1031.com. Your website is what sold me on choosing you! It was the clarity of the information provided on the site that was so important to me. Your service has been great. I was able to work with a number of different people in your office. I contacted your Experts several times with questions, and though I was not always able to speak to the same person each time, every Expert I spoke to was knowledgeable and answered all my questions. I am now telling others about you! Cheers & thanks!

Graham Schodde
1031Investor
Englewood, Colorado

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