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the following was a
Live Online Chat
With Gary Gorman
Founding Partner of The 1031 Exchange Experts
Nationwide, Toll-Free: 866-694-0204

This Chat Archive took place on Tuesday, August 12, 2003
Topic: "Is a 1031 Exchange right for me?"
Gary Gorman of The 1031 Exchange Experts answers the question, "Is a 1031 Exchange right for me?" Read Gary's Bio here...

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Because the nature of an on-line chat is typically non-linear and can be tricky to follow, this chat has been edited for cohesion and readability. This edited version reads chronologically from TOP TO BOTTOM. To see the whole chat unedited, please click here.
 

JOIN:

14:44:08

Gary Gorman has joined chatroom
Admin:
 
15:03:35
Welcome all to Live Online Chat With Gary Gorman of The 1031 Exchange Experts. Gary Gorman has over 30 years of real estate tax experience. He received his BS degree in Accounting from Mankato State University in Mankato, Minnesota in 1972. He received his CPA certificate from the State of Minnesota in 1974. He has over 10 Years of Big 6 CPA firm experience where he served as a tax manager with Price Waterhouse & Company.
 
james:
14:53:52
Can I do an exchange on a vacation house [1031 vacation home update: May 2007] ?
Gary Gorman:
14:55:05
Yes, there is a 1981 IRS ruling that allows this - but you need to prove investment intent.
james:
 
14:56:23
Thanks, Gary. I'll look into it. :-)
 
Gary Gorman:
15:00:55
does everyone understand that a 1031 exchange is just for investment property - NOT for property held for resale?
wctem:
 
15:01:48
what's the difference in investment prop & prop for resale?
Gary Gorman:
15:02:50
good question! - property held for resale is typically held for less than one year.
Gary Gorman:
15:03:12
a fix and flip would be a good example of held for resale
 
wctem:

15:03:06
how do i know if my funds are safe?
Gary Gorman
15:04:04
you don't know if your funds are safe. best bet is to look for an intermediary that is bonded and make sure they put your money in a separate account - not commingled.
 
ROB:

15:05:25
If an Exchanger intends to perform an exchange that is fully tax deferred, what requirements must they meet?
Gary Gorman
15:06:44
there are 6 things - 1) must be held for investment 2) have 45 days to identify 3) have 180 days to purchase 4) must use a qualified intermediary 5) must take title to the new property in same name as old 6) must buy equal or up, 45 and 180 day requirements are concrete - no extensions, if you don't buy equal or up, you just pay tax on the amount of the buy-down, if you buy down, all of the buy down will typically be taxable, no offset for basis (cost), you must also reinvest all of the cash from the sale of your old property, if you sell the old property in new england, you can buy any where in the US - but not in canada
 
Admin:

15:12:00 for all of you just joining, we are asking questions to Gary Gorman of 1031 exchange experts, simply type in a question and Gary will answer you
Gary Gorman
15:13:23 yes - please ask your questions
 
ROB:

15:09:51 What is a mortgage boot?
Gary Gorman
15:14:21 boot is the term the irs uses for taxable. so if you buy down the taxable part is called "boot"
 
ROB:

15:14:12 What type of property qualifies for an exchange?
Gary Gorman
15:14:49 any property held for investment qualifies, you can sell a rental house and buy an office building, bare land, etc., you don't have to buy all you list - but what ever you buy has to be on the list
 
Admin:

15:15:58 what is the 45 day identification?
Gary Gorman
15:16:44 you have to list the properties you MIGHT buy w/in 45 days. typically you would list 3 or less
 
Gary Gorman
15:17:59 have you heard of a reverse exchange? a reverse exchange happens when you need to buy the new property before you sell the old ... irs will not let you be in title to both; typically the intermediary takes title and holds it for you.
ROB:  
15:20:13 Can you still benefit from a reverse exchange
Gary Gorman
15:21:14 yes - reverse exchanges are very beneficial if you find a hot property you want to grab ... reverse exchanges work well when the contract for the sale of your old property falls thru
 
wtorby:

15:18:52 Hi Gary, With regards to 2 owners, How long after the exchange can 1 owner quit claim the other off,
Gary Gorman
15:19:35 wtorby: it depends on the relationship of the two. best is to wait a year
wtorby:  
15:19:30 and if there is not money involved in the quit claim, will there be any taxable issues
Gary Gorman
15:20:04 yes - there could be gift issues, etc. depending on the relationship
 
Steve:

15:21:57 can you describe a "coffin" exchange?
Gary Gorman
15:22:44 i've never heard of a coffin exchange. slang?
 
Admin:  
15:24:14 For all of you just joining, we are asking questions to Gary Gorman of 1031 exchange experts on it ... Simply type in a question and Gary will answer you
 
ROB:

15:25:19 what does the related party rule consist if?
Gary Gorman
15:28:00 can not buy from or sell to any one related
Gary Gorman
15:28:27 related is parents, grandparents, brothers & sister, children & grandchildren
Gary Gorman
15:28:44 aunt ruby is NOT related
ROB:  
15:28:42 thanks
 
Admin:

 

15:25:48 Gary do you have a website and email address were we can visit you and find out more about a 1031 exchange?  Please tell everyone where you can be reached.
Gary Gorman
15:26:31 yes - great web site: www.expert1031.com ... toll free 866-694-0204 ... free consultation w CPAs and tax and accounting professionals
 
Admin:

15:28:39 We would like to thank Gary Gorman and The 1031 Exchange Experts for their time.
Gary Gorman
15:29:07 thank all of you for your questions
QUIT:  
15:30:56 Gary Gorman has left chatroom.
Admin:  
15:30:17 If you would like to review this or any other of our Live Commercial REChatRoom sessions please check our Chat Archives.