Saturday, February 06, 2010

How not to explain the Section 1031 Exchange of Like-Kind Property

Take a look at this YouTube video. The lady explains that in a 1031 one "rolls the gain" over into a new property to defer the recognition of gain. Starting with a $500,000.00 property with $300,000 in "equity" -- which presumably is the original down payment and some as yet unrecognized capital gain -- she speaks of "taking all the equity" and rolling it into a new property. It certainly sounds like she is suggesting exchanging into a $300,000.00 property and paying off the $200,000 ("non-equity") mortgage on the relinquished property. But if you do that you will have received "cash boot" in the amount of $200,000.00 (represented by the forgiveness of the debt secured by the mortgage) which is as fully taxable as if you had actually received cash. To avoid this, one must replace the old debt with new debt (or cash) and exchange into a property worth at least $500,000.00. See my website for how to structure a 1031 exchange.

This is good. Roll Tide!