<h2 aria-level="2" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{84}" paraid="839067101" role="heading">What is Seller Financing?&nbsp;</h2>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{90}" paraid="1353277316"><a href="https://www.accruit.com/blog/seller-financing-part-1031-exchange">Seller Financing</a> is a real estate arrangement in which the Seller acts as the lender, offering a loan directly to the Buyer. Instead of going through a traditional bank or mortgage company, the Buyer repays the Seller over time, typically in regular installments including interest.</p>

<h4 aria-level="3" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{99}" paraid="1046693590" role="heading">How Seller Financing Differs from Traditional Bank Loans&nbsp;</h4>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{105}" paraid="629174048">Seller Financing tends to offer more flexibility than traditional bank loans, which often require rigorous inspections, formal appraisals, lower loans to value and a stronger credit rating. Seller Financing allows both the Seller and the Buyer to bypass these requirements, expediting the closing process and saving costs. Also, while the title usually transfers to the Buyer at closing in most real estate transactions, some Seller-Financed deals, specifically land contracts, may delay this transfer until the Buyer has fully repaid the Seller’s loan.&nbsp;&nbsp;</p>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{115}" paraid="2058476547">Additionally, instead of standard bank-issued documents, Seller-Financed transactions involve customized agreements between the Buyer and Seller, either by promissory note and a deed of trust/mortgage or land contract, typically drafted with the help of an experienced real estate attorney and without the involvement of an institutional third party.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{121}" paraid="201642333" role="heading">Seller Financing: A Timely Strategy for All&nbsp;</h2>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{127}" paraid="1130303030">Since mid-2021, mortgage rates have risen sharply, nearly 5% on average for a 30-year fixed-rate mortgage with 20% down and a credit score of 630, making it significantly harder for Buyers to qualify for traditional financing. In this high-interest-rate environment, seller financing has emerged as a strategic and flexible option for both Buyers and Sellers. With institutional lending more restrictive and borrowing costs increased, Seller Financing helps Buyers access more opportunities while allowing Sellers to stay competitive in a slower, more selective market.&nbsp;</p>

<h2 aria-level="2" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{135}" paraid="1856724540" role="heading">Motivations of Seller Financing for Sellers&nbsp;</h2>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{141}" paraid="590028217">Sellers have many motivations to utilize seller financing in their transaction. By offering seller financing under more flexible terms, Sellers can reach a larger pool of prospective Buyers, including those who would otherwise find themselves barred from purchasing property with a traditional mortgage. Secondly, bypassing institutional steps like bank processing, underwriting, and loan approvals expedites the sales process significantly. Also, instead of receiving a single, lump-sum payment from the sale of their property(ies), Sellers can earn interest on their loan over time and report it annually as ordinary income. In the long run, this can lead to a higher overall return compared to a traditional sale. Through a loan with regular installment payments, this may allow Sellers to defer capital gains taxes over several years, rather than paying the full tax liability in the year of the sale.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{175}" paraid="1170135570" role="heading">Motivations of Seller Financing for Buyers&nbsp;</h2>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{181}" paraid="1512553690">Buyers can also benefit greatly from Seller Financing making those properties more attractive than others on the market. In a market facing high mortgage rates, many prospective Buyers struggle to meet traditional lending requirements, whether that be due to low credit scores, irregular income, or coming up short on a down payment. Seller Financing allows the property owner to set their own qualifying criteria for Buyers, attracting a larger group of potential Buyers.&nbsp;&nbsp;</p>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{195}" paraid="790512348">Because the Seller acts as the lender, the closing timeline can be significantly shortened. Without the strain of traditional delays such as appraisals, bank underwriting, and other lender requirements, Buyers can often close and receive their keys in a fraction of the standard 30 to 60-day window. Without traditional lender involvement, the streamlined process not only speeds up the closing timeline but can reduce costs for Buyers. Fees that would typically be involved in a standard loan, such as origination, processing, etc. can be avoided. Moreover, properties that may not meet traditional lender criteria, such as property that require significant improvements, including structural issues (foundational problems, leaks, mold), code violations (zoning violations, unpermitted construction), and environmental factors (flood zones, landfill proximity) can still be purchased under Seller-Financed terms, allowing Buyers access to a broader and more diverse selection of real estate.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{209}" paraid="205996269" role="heading">Seller Financing in a 1031 Exchange&nbsp;</h2>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{215}" paraid="1245030635">Seller Financing can play a strategic role in structuring a 1031 Exchange. To illustrate this, let’s walk through a real-world scenario where Seller Financing is successfully utilized in a 1031 Exchange transaction.&nbsp;</p>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{221}" paraid="1098608952">A property owner is selling an investment property for $300,000 as part of a 1031 Exchange and agrees to finance $200,000 of the purchase price for the Buyer. This allows the Buyer to avoid traditional bank financing and makes the deal more attractive or feasible. At closing, the Seller/Exchanger receives only $100,000 in cash, with the remaining $200,000 secured as a promissory note from the Buyer. For the purposes of the 1031 Exchange, only the $100,000 in cash can be transferred into the exchange account. The $200,000 in seller-financed proceeds is not immediately eligible for reinvestment and would generally be treated as <a href="https://www.accruit.com/blog/what-boot-1031-exchange">"boot"</a>.</p&gt;

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{230}" paraid="769650390">To avoid immediate taxation on the financed amount and qualify for full tax deferral, the Exchanger must “buy back” the $200,000 note by contributing that same amount in new cash to the exchange account. This step ensures that the entire $300,000 is reinvested, satisfying IRC §1031 requirements. In essence, the Exchanger must advance the value of the property being sold into the new property, while receiving the purchase price itself over time.&nbsp;</p>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{236}" paraid="47865149">While this structure requires the Exchanger to have additional cash available up front, it offers several potential benefits. The Seller can maintain control over the financing terms and collect income on interest from the Buyer, often at a rate higher than standard fixed-income investments would earn. At the same time, by reinvesting the full proceeds, including the portion originally financed, the Exchanger preserves their ability to defer associated taxes and achieves a successful 1031 Exchange. Once the 1031 Exchange is complete there is no further reporting necessary for the Seller Financing repayment in relation to the 1031 transaction.&nbsp;&nbsp;</p>

<p paraeid="{5e8d705c-3266-4fbf-a242-5dd104d75c91}{236}" paraid="47865149">&nbsp;</p>

<p paraeid="{57f4b96e-d695-4400-ab25-a14b8e0d3dcb}{13}" paraid="2054243828">In conclusion, Seller Financing stands out as a versatile and mutually beneficial tool in real estate transactions, addressing challenges for both Sellers and Buyers while enhancing transactional efficiency. Whether simplifying the path to ownership, unlocking tax advantages in when used within a 1031 Exchange, or broadening the scope of eligible properties, Seller Financing adds unparalleled flexibility. With careful planning and professional guidance from a Qualified Intermediary like Accruit and tax advisors, it has the potential to transform real estate strategies and deliver substantial financial and operational benefits to all parties involved.&nbsp;</p>

<p paraeid="{57f4b96e-d695-4400-ab25-a14b8e0d3dcb}{19}" paraid="1053356881">&nbsp;</p>

<p paraeid="{57f4b96e-d695-4400-ab25-a14b8e0d3dcb}{27}" paraid="696432563"><em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties solely of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.  &nbsp;</em></p>

<p paraeid="{57f4b96e-d695-4400-ab25-a14b8e0d3dcb}{27}" paraid="696432563">&nbsp;</p>

<h2 aria-level="2" paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{34}" paraid="80265000" role="heading">Consolidation of Properties with a 1031 Exchange&nbsp;&nbsp;</h2>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{41}" paraid="1810572972">It is not uncommon for Exchangers to own more than one Relinquished Property. Oftentimes, multiple properties have been held for a long period of time and as the property owner gets older, the management headaches associated with the properties become more challenging. Selling those properties and exchanging them for a single property can make the management much simpler. On occasion, an Exchanger might have a job transfer to somewhere far from the properties. Others might wish to retire and move to another state. There may be additional benefits as well to exchanging multiple properties for a single property, such as a higher basis for depreciation, more cash flow, and upgrading the neighborhoods between the old and new property.&nbsp;</p>

<h2 aria-level="2" paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{47}" paraid="209127150" role="heading">Diversification of Properties&nbsp;</h2>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{54}" paraid="764887427">On the other hand, investors might not want to have “all their eggs” in one basket and believe they’ll be better served with trading one property for multiple properties. Just as most people would not have all their investments in a single stock or fund, diversification can protect against some adverse conditions affecting a single property, such as gradual neighborhood degradation negatively affecting the quality of tenants. Additional considerations include the ability to have multiple property types and the chance of realizing more income from multiple properties of the same value as the Relinquished Property. Similarly, multiple properties might provide the opportunity for greater combined appreciation.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{60}" paraid="1563058488" role="heading">Timing is Everything&nbsp;</h2>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{67}" paraid="1332484899">One of the main logistical challenges when dealing with multi-property exchanges, are the time constraints imposed by the <a href="https://www.accruit.com/blog/what-are-rules-identification-and-receipt-… regulations</a>. Specifically, the requirements to identify Replacement Property within 45 days of the sale of the Relinquished Property in a new exchange account and close on the purchase of an identified property within 180 days of the original sale date.&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{84}" paraid="1141575569">When attempting to sell multiple properties to consolidate into one, it is difficult to control the timing on the sales. The 45 and 180-day requirements are based on the date of the sale of the earliest Relinquished Property sold as part of the exchange. So, for example, if one of three properties is sold and funds the exchange account, the Replacement Property needs to be identified within 45 days, regardless of the timing of the sale for the other two properties. Those sales could take place beyond the 45th day or not at all. To increase the likelihood of selling the second two properties within close proximity, the Exchanger may try and negotiate an extended closing date, or a lease with a Buyer purchase option. Sometimes it might be worth trying to sell the properties at a slightly less-than market value to induce a sale.&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{98}" paraid="104207567">Another option is to set up an exchange for each Relinquished Property in order to have the 45 and 180-day time limits specific to each properties close date. If that is the case, the identification of the single Replacement Property should be coordinated between the separate exchanges with the percentage of the Replacement Property which would be acquired via the funds in each account. <a href="https://www.accruit.com/blog/practical-application-identification-rules… 3-Property and/or the 200% Rule</a>&nbsp;would provide the opportunity to identify varying percentages within each exchange. For example, the first exchange with Relinquished Property # 1 identifies 45% of the Replacement Property and then the second exchange identifies the remaining 55% of the Replacement Property, once both exchanges close the Exchanger has acquired the full 100% of Replacement Property. &nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{117}" paraid="310993905">A similar challenge can arise when the Exchanger may hold title to the Relinquished Properties under different tax identities. One property may be held by a spouse in his or her own name from prior to marriage and another in a two-member LLC, which is treated at a tax partnership. An exchange account can only serve one tax entity, except for a husband and wife holding personally and filing a joint tax return so an Exchanger would have to open separate exchanges for each entity trading into a single property. Similar to the above, this could be accommodated by the two exchanges identifying and acquiring as co-tenants in the percentage of equity each account would be contributing to the purchase. Exchangers residing in a <a href="https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… property state</a>&nbsp;allows a bit more flexibility for properties owned in different entities by spouses.&nbsp;&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{136}" paraid="1084780872">When attempting to diversify a portfolio from a single property to multiple ones, similar timing challenges can occur. The 45 and 180-day clock is going to begin upon sale. It may be difficult to identify the Replacement Properties within 45 days. Again, there may be some relief afforded by the 3-Property and/or the 200% Rule, but it can be stressful. To alleviate potential timing issues, most investors begin looking for Replacement Properties before the sale date of the Relinquished Property.&nbsp;</p>

<h2 aria-level="2" paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{148}" paraid="1805943139" role="heading">Reverse Exchange as an Option&nbsp;</h2>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{156}" paraid="283458796">Some of the time constraints inherent in a multiple property exchange can be made easier by using a <a href="https://www.accruit.com/blog/are-1031-reverse-tax-deferred-exchanges-re… exchange</a>.</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{167}" paraid="26275112">For example, an Exchanger sells the first property as part of an exchange and subsequently goes under contract and has to close on the Replacement Property, but the second Relinquished Property has not closed by that time. Since an Exchanger cannot buy before selling, a Reverse Exchange can be used to preserve the ability to exchange for it once the second Relinquished Property closes through the exchange. This is sometimes referred to as a part forward and part Reverse Exchange. The forward exchange sells the Relinquished Property first and acquires a percentage of the Replacement Property, the remaining percentage of the Replacement Property is “parked” with the Exchange Accommodation Titleholder initiating the Reverse Exchange and then once the second Relinquished Property is sold, a Reverse Exchange can be completed with the remaining percentage of the Replacement Property being transferred over to the Exchanger.&nbsp;&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{177}" paraid="2000887141">Another fact pattern arises frequently where the Exchanger finds the “perfect” Replacement Property but has not sold any of the Relinquished Property at that time. The Exchanger can also solve this through&nbsp;a Reverse Exchange. This keeps the Replacement Property in abatement until the Relinquished Properties are sold. Under the IRS rules, the Replacement Property can be held up to 180 days to give time for the other properties to be sold. That time limit is known as a safe harbor reverse exchange. Although falling into the <a href="https://www.accruit.com/blog/safe-harbors-core-section-1031-treasury-re… harbor period</a>&nbsp;is highly advantageous, as a result of the <a href="https://www.accruit.com/blog/bartell-decision-non-safe-harbor-parking-e… decision</a> in 2017, many exchange companies will allow transactions to go on longer.&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{211}" paraid="1614680482">&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{215}" paraid="583852013">1031 Exchanges provide investors with the opportunity to optimize their real estate portfolios without immediate tax consequences. Exchangers are able to either consolidate or diversify their portfolio depending on their specific goals and objectives. When exchanges involved multiple properties, whether on the sale or purchase side, it can increase the level of complexity and it is important for the Exchanger to be aware of all the considerations involved prior to initiating their 1031 Exchange. Awareness of how 1031 Exchange timeframes are treated for multi-property exchanges and knowing how to utilize a Reverse Exchange to combat potential challenges can be prove advantageous for investors looking to conduct a 1031 Exchange with multiple properties.&nbsp;&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{225}" paraid="1607014035">&nbsp;</p>

<p paraeid="{7fd60a9b-5966-4746-b852-bf3e954a2ca7}{229}" paraid="895378933">&nbsp;<br />
<em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties solely of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.&nbsp;</em></p>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{120}" paraid="992660031">A 1031 Exchange is a powerful tax-deferral strategy that allows real estate investors to reinvest proceeds from the sale of an investment property into another qualifying property, deferring associated taxes and preserving wealth. While many investors are familiar with the basic benefits of 1031 Exchanges, fewer fully understand their role in estate planning and passive investment opportunities like Delaware Statutory Trusts (DSTs). In this blog, we’ll explore how 1031 Exchanges can be strategically used to build and preserve wealth across generations, optimize estate planning, and provide investors with passive real estate options. Additionally, we’ll cover key considerations for Registered Investment Advisors guiding clients through the 1031 Exchange process, including tax implications, compliance requirements, and investment alternatives.&nbsp;</p>

<h2 aria-level="2" paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{126}" paraid="723334888" role="heading">Estate Planning&nbsp;</h2>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{132}" paraid="449855033"><a href="https://www.accruit.com/blog/1031-tax-deferred-exchanges-important-esta… planning</a>&nbsp;is an essential consideration for many, particularly those with large real estate holdings. One of the key benefits of a 1031 Exchange in this context is its potential to help preserve wealth across generations.&nbsp;</p>

<h4 aria-level="3" paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{151}" paraid="1106231120" role="heading">Stepped-Up Basis Upon Inheritance&nbsp;</h4>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{157}" paraid="425328349">By using a 1031 Exchange during their lifetime, individuals can continue to defer taxes, thereby allowing them to build a larger estate that will benefit from a stepped-up basis when transferred to heirs upon death. Essentially, the exchange allows Exchangers to grow their wealth, pass it down, and defer taxes on gains, sometimes indefinitely, that they would have incurred by selling the property outright. It is important to note that the stepped-up basis applies to property acquired through a 1031 Exchange that is still held at the time of the property owner’s death.&nbsp;</p>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{177}" paraid="629881127">When an individual passes away, their heirs receive inherited real estate at the fair market value as of the date of the prior owner’s death. Typically, this means that the heirs received the property with a stepped-up basis, rather than the basis of the previous owner. For individuals who have held property for many years, this adjustment can significantly reduce tax liabilities if the property is later sold by the heirs.&nbsp;</p>

<h4 aria-level="3" paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{199}" paraid="24996696" role="heading">Wealth Preservation&nbsp;</h4>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{206}" paraid="888245732">For individuals with significant real estate investments, a 1031 Exchange provides a powerful tool for preserving wealth without having to liquidate assets and pay taxes on gains and depreciation recapture. Exchangers have the ability to reinvest the full proceeds from the sale of their Relinquished Property into other qualifying property, deferring tax liabilities that would otherwise reduce the amount of capital available for reinvestment. &nbsp;</p>

<p paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{226}" paraid="1698357831">Without a 1031 Exchange, investors face a combination of taxes that could significantly devalue their proceeds:&nbsp;</p>

<ul>
<li paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{232}" paraid="1481094155"><a href="https://www.accruit.com/blog/what-are-capital-gains">Federal Capital Gains Tax</a>: 15-20%&nbsp;&nbsp;</li>
<li paraeid="{65257898-c45e-4942-94a0-194c63c802d7}{251}" paraid="1828858428"><a href="https://www.accruit.com/blog/what-depreciation-recapture-tax">Depreciat… Recapture Tax</a>: 25%&nbsp;</li>
<li paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{8}" paraid="852828129"><a href="https://www.accruit.com/blog/1031-exchanges-state-tax-law-consideration… Income Tax</a>: If applicable, up to 13.3%&nbsp;</li>
<li paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{20}" paraid="1609103134"><a href="https://www.accruit.com/blog/what-net-investment-income-tax">Net Investment Income Tax</a>: If applicable, 3.8%&nbsp;</li>
</ul>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{39}" paraid="1244835461">These taxes typically total between 25 – 35% of the proceeds, depending on an individual’s situation. For example, if the Relinquished Property is sold for $1,000,000 with an adjusted basis of $400,000 and $200,000 in prior depreciation, their total gain is $600,000. Without a 1031 Exchange, the investor could lose nearly $200,000 of their proceeds to the aforementioned taxes. In contrast, utilizing an exchange allows the full $1,000,000 to be reinvested, preserving a significantly larger portion of wealth.&nbsp;&nbsp;</p>

<h4 aria-level="3" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{53}" paraid="1633819545" role="heading">Strategic Use for Family Trusts&nbsp;</h4>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{59}" paraid="1618958827">For individuals looking to pass their real estate holdings to future generations through family trusts, 1031 Exchanges can help optimize the timing of asset transfers that are deemed necessary due to market issues or other circumstances that arise over time. As opposed to a taxable sale of a property no longer wanted, trusts can use 1031 Exchanges to reposition or diversify their holdings as often as necessary, thus deferring taxes, enhancing the real estate portfolio and possibly allow the estate to receive a stepped-up basis when the estate is passed down to beneficiaries.&nbsp;</p>

<h2 aria-level="2" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{81}" paraid="1365420665" role="heading">Exploring Passive Investment Opportunities&nbsp;</h2>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{87}" paraid="1362280037">While 1031 Exchanges are often associated with active real estate management, passive real estate investments are becoming increasingly popular among many investors. This is where Delaware Statutory Trusts (DSTs) come in as a powerful option. DSTs allow investors to participate in the ownership of professionally managed, commercial grade property without the need for active management.&nbsp;&nbsp;</p>

<h4 aria-level="3" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{101}" paraid="582945728" role="heading">Delaware Statutory Trusts&nbsp;</h4>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{107}" paraid="372407597">A <a href="https://www.accruit.com/blog/delaware-statutory-trusts-1031-exchange-in… Statutory Trust</a> is a legally recognized trust that holds title to investment property. Investors in a DST receive beneficial ownership interests and share in the income and potential appreciation from the property. DSTs are structured to qualify as like-kind properties for a 1031 Exchange, making them an attractive option for clients looking for a more hands-off approach to real estate investment. (</p>

<h4 aria-level="3" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{124}" paraid="704172597" role="heading">Benefits for Investors&nbsp;</h4>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{132}" paraid="1235554610">DSTs offer several benefits that can align with investor goals:&nbsp;</p>

<ul>
<li paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{142}" paraid="1553043997"><strong>Passive Management:</strong> Since DSTs are managed by professional real estate operators, investors don’t have to worry about the day-to-day management of the property. This is ideal for those who want the benefits of real estate investment without the time commitment.&nbsp;</li>
<li paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{150}" paraid="1470059111"><strong>Diversification:</strong> DSTs allow investors to pool their capital with others to invest in larger, institutional-grade properties, such as commercial real estate or apartment complexes, which may be out of reach for individual investors.&nbsp;</li>
<li paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{158}" paraid="371792519"><strong>Stable Income:</strong> Many DSTs invest in income-producing properties, offering potential for regular cash flow through rental income. This can be a stable, predictable addition to an investment portfolio.&nbsp;</li>
</ul>

<h2 aria-level="2" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{170}" paraid="243495522" role="heading">Key Considerations for Registered Investment Advisors When Advising Clients on 1031 Exchanges&nbsp;</h2>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{176}" paraid="1608607070">Registered Investment Advisors (RIAs) and other financial advisors help individuals and companies manage their finances and make investments based on their financial goals including stocks, bonds, retirement accounts, etc. Their responsibilities include providing investment strategies, asset management, and comprehensive financial planning.&nbsp;&nbsp;</p>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{182}" paraid="1589243878">Real estate holdings represent a largely untapped area of overall wealth with over $6.4 Trillion held within investment property by US households age 55 and over. Furthermore, 90% of these investors identify as unadvised or under-advised on tax deferral strategies for their real estate investments, such as 1031 Exchanges. &nbsp;</p>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{196}" paraid="2110247853">Many real estate investors fail to utilize 1031 Exchanges for tax deferral because they lack awareness of reinvestment options including passive real estate investments such as Delaware Statutory Trusts (DSTs). This creates an opportunity for advisors to establish themselves as a total wealth solution discussing not just traditional investment options, but alternative investment options including real estate.&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{202}" paraid="595926541">Discussing real estate and incorporating 1031 Exchanges into a client’s wealth strategy can greatly enhance their portfolio, helping clients preserve and grow their wealth while offering advisors the chance to serve as a comprehensive financial guide.&nbsp;&nbsp;</p>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{208}" paraid="2049948303">For RIAs advising clients on 1031 Exchanges, understanding the rules, deadlines, and tax implications is essential to facilitating a seamless transaction. Below are critical points to keep in mind:&nbsp;</p>

<h4 aria-level="3" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{214}" paraid="1394780518" role="heading">Strict Deadlines and Timelines&nbsp;</h4>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{221}" paraid="1942587364">For a 1031 Exchange to qualify, clients must identify Replacement Property(ies) within 45 days of selling the Relinquished Property and close the purchase within a total of 180 days after the sale. Keeping track of these strict deadlines is crucial to ensuring the exchange goes smoothly and tax benefits are preserved.&nbsp;</p>

<h4 aria-level="3" paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{235}" paraid="359607774" role="heading">The Role of a Qualified Intermediary (QI)&nbsp;</h4>

<p paraeid="{b1ac20ec-5d7e-4100-9798-97b6d32abb16}{249}" paraid="1698648275">A <a href="https://www.accruit.com/blog/what-qualified-intermediary">Qualified Intermediary (QI)</a>&nbsp;is required to facilitate the 1031 Exchange process. The QI holds the proceeds from the sale of the Relinquished Property and ensures that the exchange is conducted according to IRS rules. It’s important to work with a reputable QI, such as Accruit, who has experience in handling these types of transactions.&nbsp;</p>

<h4 aria-level="3" paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{5}" paraid="1225558736" role="heading">State Taxes&nbsp;</h4>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{11}" paraid="20330353">While the IRS allows 1031 Exchanges, some states, such as <a href="https://www.accruit.com/blog/commercial-real-estate-transactions-and-10…;, have their own rules and tax treatments for such exchanges. Be sure to consider any state-level tax implications when advising clients, as these can vary.&nbsp;</p>

<h4 aria-level="3" paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{30}" paraid="402231403" role="heading">Depreciation and Recapture&nbsp;</h4>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{36}" paraid="1545997401">While 1031 Exchanges allow tax deferral, they do not eliminate depreciation recapture taxes. Clients who have depreciated the property over time may face recapture taxes on the depreciation deductions they’ve taken when they sell the property. Understanding the impact of depreciation and recapture is key to providing sound advice.&nbsp;</p>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{50}" paraid="1859921519">&nbsp;</p>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{54}" paraid="1565282699">Utilizing 1031 Exchanges in investment strategies can offer significant benefits for estate planning, wealth preservation, and passive investing. By understanding tax implications, timelines, and the role of QIs, investment advisors can help clients make informed decisions that align with their financial goals. Whether aiming to defer taxes, diversify investments, or secure a legacy for future generations, leveraging 1031 Exchanges can be a powerful tool in a well-rounded investment approach.&nbsp;</p>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{54}" paraid="1565282699">&nbsp;</p>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{60}" paraid="835995543"><em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.&nbsp;&nbsp;</em></p>

<p paraeid="{dac06833-05b1-4c2c-92a8-8517151ddb49}{60}" paraid="835995543"><em>&nbsp;</em></p>

<h2 aria-level="2" paraeid="{08139103-f288-4eb3-8517-324904233972}{99}" paraid="1302837225" role="heading">What is a Land Trust?&nbsp;</h2>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{106}" paraid="244466838">The term “Land Trust” is generally used in several different contexts, including in connection with open land conservation. However, this blog pertains to the type of land trust that is often used by people, or other legal entities, to separate the title to real estate from the beneficial ownership of the property. This separation is created by the property being deeded at the time of acquisition, or sometime thereafter, by placing title in the name of the Trustee and creating a trust instrument, a Land Trust Agreement, naming the trust beneficial owner, otherwise known as the Beneficiary. In most cases, the Trustee is a corporate trustee who is in the business of acting in this capacity and receives an annual fee for its services. In some cases, an individual is named as the Trustee. The land trust is disregarded for tax purposes, and the beneficiary of the trust receives the economic benefits and burdens of the ownership. The land trust provides certain liability protection, confidentiality of actual ownership, succession of ownership, as well as certain other benefits that users are sometimes seeking.&nbsp;</p>

<h2 aria-level="2" paraeid="{08139103-f288-4eb3-8517-324904233972}{112}" paraid="1626048753" role="heading">Land Trust Origins&nbsp;</h2>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{118}" paraid="20232660">The origins of land trusts date back to medieval times when all real estate was owned by the King but granted to noblemen who fought on behalf of the King. But when the nobleman died fighting in wars in his service to the King, the land reverted back to the King, who could dole it out to a new loyalist. Creative thinking at the time, lawyers (likely) came up with this idea of taking the land handed out and putting title under the name of a Trustee for the benefit of the nobleman. Therefore, the nobleman’s death in support of the King would not cause the property to revert since the title would not be affected by the death. The land would remain in the trust for the benefit of the named successor beneficiary(ies). Separating title from the use and benefit of the property also solved another problem in those times. When a property owner holding title did not wish the property to transfer to his first-born son up his death, which was the law at the time, the land trust allowed the initial beneficiary to name others in the family to succeed him in beneficial ownership.&nbsp;</p>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{128}" paraid="154469647">Eventually the State (the King) realized that this legal arrangement limited its important control over property ownership. In 1535, a new law was passed known as the “Statute of Uses”. Essentially, it provided that regardless of how title was held, whomever had the “use and benefit” of the property ownership was deemed the legal owner. The law applied only to passive trusts where the actual duties of the Trustee were negligible or non-existent, versus an active trust where the Trustee had true duties, decision making, etc. The passive trust was no longer legally recognized, and the Statute of Uses became part of the Common Law in England.&nbsp;</p>

<h2 aria-level="2" paraeid="{08139103-f288-4eb3-8517-324904233972}{138}" paraid="516207041" role="heading">The Evolution of Land Trusts in U.S. Law&nbsp;</h2>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{144}" paraid="397278539">Fast forwarding to the early days of the United States, as a core body of law to follow, most states adopted the Common Law of England. In the late 1800s and again in the 1920’s, the Illinois Supreme Court reviewed a couple of trust arrangements that would in time become land trusts as we known them today. Essentially, the trust agreement before the court provided that the Trustee held legal title to the property and would take direction from the beneficiary. For all intents and purposes, the Trustee had no independence nor active responsibility. The court examined the land trust document and found the following:&nbsp;</p>

<ul>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{150}" paraid="1430825259">The Trustee had duty to take action upon direction from the beneficiary&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{158}" paraid="71859104">The Trustee had duty to apprise the Beneficiary of anything it received as record titleholder&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{164}" paraid="1994271540">The trust term was limited to 20 years&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{170}" paraid="1052655002">If the trust was still in place after 20 years, the Trustee had to hold a public sale of the property and distribute the proceeds to the Beneficiary(ies)&nbsp;</li>
</ul>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{176}" paraid="904412328">Review of the facts and circumstances might lead to the conclusion that this was a passive trust, and therefore not valid. However, the Illinois Supreme Court found that these very limited duties were still enough to cause the trust to be active and, as such, valid. Over the years, many other state courts had occasion to rule on the same type of trust arrangement and for the most part found them to be passive and violated the Statute of Uses. As a result, the land trust flourished particularly in Illinois. Today, some states allow them due to case law and some under statutory authority. Below is a list of states that recognize the conventional land trust:&nbsp;</p>

<ul>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{182}" paraid="1336735889">Illinois&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{188}" paraid="969456282">Indiana&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{194}" paraid="1688960335">Florida&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{200}" paraid="569587702">Hawaii&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{206}" paraid="179740749">Virginia&nbsp;</li>
<li paraeid="{08139103-f288-4eb3-8517-324904233972}{212}" paraid="456158166">South Dakota&nbsp;</li>
</ul>

<h2 aria-level="2" paraeid="{08139103-f288-4eb3-8517-324904233972}{222}" paraid="582513530" role="heading">Impact of 2017 Tax Law on Land Trusts and Like-Kind Exchanges&nbsp;</h2>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{233}" paraid="1307894656">Prior to 2018, a like-kind exchange could take place not only for real estate, but also such things as personal property and intangibles. This included a broad range of assets, personal property included such things as machinery, equipment, aircraft and railcars, whereas examples of intangibles include fast food and hotel franchise rights and territorial product distribution rights.&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{245}" paraid="1115980666">Among other things that were not permitted historically under the Code for exchange treatment included interests held under certificates of trust or beneficial interest. A holder of an interest in a land trust is considered to hold the beneficial interest and that interest in considered personal property. After signing into law, The Tax Cuts and Jobs Act (TCJA) effective January 1, 2018, Section 1031 was changed to simply allow real estate exchanges and nothing more. So, while holding a beneficial interest was never allowed, after the start of 2018, neither was a personal property interest.&nbsp;</p>

<p paraeid="{08139103-f288-4eb3-8517-324904233972}{251}" paraid="724812132">Holding interest in real estate in land trusts have always been very common. As mentioned above, among many other benefits, they are used as a form of asset protection, similar to the use of a limited liability company. At one time, there was concern by people and their advisors that an exchange might not qualify due to the fact that the Exchanger’s interest was defined as holding the beneficial interest in the trust. This led to a considerable number of people to request some clarity on the part of the IRS. This resulted in the issuance of Rev. Rul. 92-105 which stated that:&nbsp;&nbsp;</p>

<p style="margin-left:50px">“A taxpayer’s beneficiary interest in an Illinois land trust constitutes real property which may be exchanged for other real property without recognition of gain or loss&nbsp;under IRC §1031 provided that the requirements of that section are otherwise satisfied”.&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{34}" paraid="1656531373">This removed any uncertainty about the qualification under §1031 for an Exchanger selling property that was held under a land trust. In addition, by deeming it “real estate,” in 2018, when “personal property” was dropped from the type of assets capable of being exchanged, this had no effect on selling out of a land trust.&nbsp;</p>

<h2 aria-level="2" paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{44}" paraid="1692328145" role="heading">Considerations for Land Trusts in 1031 Exchanges&nbsp;</h2>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{50}" paraid="1655926269">The presence of a land trust holding title to a property that is being sold as Relinquished Property&nbsp;&nbsp; in the first leg of an exchange can require extra care when administering an exchange. Technically, since the title to the property and the deed to the Buyer is in the name of the Trustee, the Trustee should also be the signer of the PSA, but this is not always the way PSAs are completed and signed in practice.&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{57}" paraid="2040784629">Some of the variations in the preparation and signature on a PSA involving land trust property are:&nbsp;</p>

<ul>
<li paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{63}" paraid="708886935">The PSA will reference the land trust as Seller, and it will be signed by the Land Trustee&nbsp;</li>
<li paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{71}" paraid="727802917">The PSA will reference the land trust as Seller, but it will be signed by the Beneficiary with an express reference to the Beneficiary signing in his capacity as such&nbsp;</li>
<li paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{79}" paraid="20953592">The PSA will reference the land trust as Seller and the Beneficiary will just sign on the signature line in his own name with no further reference to his capacity&nbsp;</li>
<li paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{87}" paraid="2139359558">The PSA will simply show the Beneficiary as the Seller and will be signed as such (with no reference to the land trust)&nbsp;</li>
</ul>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{95}" paraid="2058641427">The manner of execution can pose legal risks, specifically, risks as to the contract enforceability, but that is another topic.&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{105}" paraid="552445329">When using the Qualified Intermediary safe harbor under the exchange Regulations, it is required that “…the rights of a party to the agreement are assigned to the intermediary and all parties to that agreement are notified in writing of the assignment…”.&nbsp; Due to the many ways a PSA may describe the Seller and how it might be signed,&nbsp;the Assignment of Contract Rights and Notice need to correspond to the named party(ies) even if the title to the property is held by a land trust. When in doubt, the other selling party can be added to the documents, as it would be better to have an extra party than to leave out a necessary party.&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{126}" paraid="452028779">&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{130}" paraid="1372117129">In summary, in some states, land trusts are a common way for title to real estate to be held.&nbsp; Due to the origin of the land trust concept and the interpretation of various state courts they are not available in every state. Some documents effecting the real estate, like a mortgage/deed of trust, as a legal matter have to be signed by the legal titleholder (i.e. the land trust). Other documents such as contracts and leases are sometimes signed by the land trust Beneficiary directly.&nbsp;Ideally the document references their capacity as Beneficiary.&nbsp;In any event, the exchange Regulations require adherence to form which requires exchange documents to reflect parties to the PSA, notwithstanding how legal title is held.&nbsp;&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{140}" paraid="1948916649">&nbsp;<br />
<em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.  &nbsp;&nbsp;</em></p>

<p paraeid="{5d44e6a0-d766-4a04-867c-f78645d19cb5}{140}" paraid="1948916649"><em>&nbsp;&nbsp;&nbsp;</em></p>

<p paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{195}" paraid="1424680566">While the prospect of getting something for nothing is appealing, it isn’t reality in most situations - there is no exception when it comes to 1031 Exchanges. A 1031 Exchange by design is a tax deferral strategy, not an investment vehicle. The goal of a 1031 Exchange is to achieve tax deferral on qualifying real estate transactions, in turn increasing cash flow and reinvestment potential, which, over time, compounds into greater returns on investments.&nbsp;&nbsp;</p>

<p paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{201}" paraid="614051396">While the traditional 1031 Exchange Qualified Intermediary model calls for an initial 1031 Exchange fee, there are good reasons, as we will address in this article.&nbsp;&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{217}" paraid="752992213" role="heading">Role of a Qualified Intermediary&nbsp;&nbsp;</h2>

<p paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{225}" paraid="848243363">The role of a Qualified Intermediary (QI) is to facilitate an exchange by stepping into the shoes of the parties, so the transaction is not merely a sale followed in time with a purchase, but an actual exchange of one property for the other. As such, the main goal of a Qualified Intermediary is to help an Exchanger achieve tax deferral with a successful exchange by adhering to the rules and regulations set forth in the subject <a href="https://www.accruit.com/sites/default/files/Internal%20Revenue%20Servic… Regulations</a>. These rules are detailed and complicated to navigate. Therefore, it should be of no importance to the QI how long it takes an Exchanger to identify and acquired the Replacement Property, so long as it falls within the allowed time frame. However, a Qualified Intermediary with no initial exchange fee is reliant on exchange funds sitting as close to the 180-day exchange period deadline or past, as they only revenue from during the time they hold an Exchanger’s exchange funds.&nbsp;&nbsp;</p>

<p paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{241}" paraid="86056273">For a QI to only receive monetary compensation based upon the time they are holding Exchange Funds, poses the question of whether that sole revenue stream is enough to maintain operational controls to protect your investment. And is there the right economic incentive to ensure you receive the ongoing service post exchange if funds were only held for a very short duration.&nbsp; &nbsp;</p>

<h2 aria-level="2" paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{249}" paraid="1550862202" role="heading">The Cost of a 1031 Exchange&nbsp;&nbsp;</h2>

<p paraeid="{fd7010d0-3cd7-4da7-8eb2-83f6f3dc0b17}{255}" paraid="1427311402">As with most other professional services, there is a fee for services rendered. For a 1031 Exchange, the initial fee to start your 1031 Exchange covers a multitude of aspects including:&nbsp;&nbsp;</p>

<h3 aria-level="3" paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{10}" paraid="612556917" role="heading">Specialized 1031 Experts&nbsp;&nbsp;</h3>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{18}" paraid="2003708630">“You get what you pay for,” is a widely known saying for a reason – it is true. As a QI looking to provide the utmost service to its clients, there is often staff consisting of highly credentialed personnel including specialized 1031 attorneys, CPAs, and Certified Exchange Specialists®. While these persons do not provide legal or tax advice their depth of experience can be invaluable.&nbsp;</p>

<h3 aria-level="3" paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{24}" paraid="460824067" role="heading">Segregation of Duties&nbsp;</h3>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{30}" paraid="780524970">Reputable QIs are staffed to scale, they have numerous team members that specialize in specific areas of a 1031 Exchange to ensure accuracy, prevent mistakes, and maintain accountability. Internal controls are set up to protect the Exchanger’s Personal Identifiable Information (PII), as well as create efficient processes that are not dependent on any one specific team member.&nbsp;&nbsp;</p>

<h3 aria-level="3" paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{36}" paraid="575730818" role="heading">Industry Leading Technology&nbsp;</h3>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{46}" paraid="597822257">There is software available within the industry including patented 1031 Exchange workflow technology, Exchange Manager Pro^SM, utilized to date by over 30 national QIs, including the nation’s third largest publicly traded QI. Exchange Manager Pro^SM includes SOC 2 Type II compliance, secure data storage through Microsoft Azure, and automated document creation and deadline notifications reducing potential for human error and helping maintain compliance with IRC §1031. These technologies are costly but provide benefit to the Exchanger and the QI.&nbsp;</p>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{74}" paraid="675119">While the prospect of a no cost 1031 Exchange, might be seem appealing at first glance, decades of experience has taught us that when a significant portion of someone’s wealth is at play, they prefer to pay a nominal fee for security and confidence in the QI.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{90}" paraid="1785077012" role="heading">Security and Liquidity of Exchange Funds&nbsp;</h2>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{96}" paraid="1140764811">A secondary role of the QI is to hold exchange funds to avoid actual or constructive receipt by the Exchanger. It is important for the QI to maintain coverages and follows specific guidelines to ensure the safety and security of Exchange Funds. Some of the standard guidelines followed by trustworthy QIs include:&nbsp;&nbsp;</p>

<ul role="list">
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{106}" paraid="72808933">Holding funds in segregated banks accounts&nbsp;</li>
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{106}" paraid="72808933">Maintaining adequate coverages for a fidelity bond, errors &amp; omissions policy, and cyber liability policy&nbsp;&nbsp;&nbsp;</li>
</ul>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{118}" paraid="986158974">Some additional measures taken by only the leading QIs, that are of absolutely importance to the integrity of the exchange and safety of the exchange funds include:&nbsp;&nbsp;</p>

<ul role="list">
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{128}" paraid="1729426366">Utilizing only 4- and 5-star Bauer rated depository banks&nbsp;</li>
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{128}" paraid="1729426366">Segregated accounts opened under the Exchanger’s SSN or EIN to ensure that should the QI file for bankruptcy it is abundantly clear the funds are not that of the company, but of the individual Exchanger &nbsp;</li>
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{128}" paraid="1729426366">Exchange funds held in liquid, demand deposit accounts, available for client direction of acquisition for Replacement Property at any time&nbsp;&nbsp;</li>
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{128}" paraid="1729426366">Controls against Exchange disbursement directions being submitted fraudulently&nbsp;</li>
<li paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{128}" paraid="1729426366">Dual authorization and verbally confirmed wire instructions&nbsp;</li>
</ul>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{176}" paraid="1780580409">Following a traditional fee for service model, the QI is motivated only to focus on facilitating a successful tax deferral, with little regard for the duration they are holding your exchange funds. In this model, an Exchanger can rest assured their exchange funds are being held in their best interest with less of an incentive to reach for revenue by potentially putting Exchanger funds at risk.&nbsp;&nbsp;&nbsp;</p>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{176}" paraid="1780580409">&nbsp;</p>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{194}" paraid="1035110328">For over 100 years, since 1921, 1031 Exchange have been in the US Tax Code with the role of the QI being introduced in the 1991 Regulations. Since that time, the general business model has included an initial fee to start a 1031 Exchange with the ultimate goal of the QI helping achieve tax deferral for the Exchanger.&nbsp;&nbsp;</p>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{204}" paraid="225121888">Aggregated industry data for 2024 shows that for a standard forward exchange, the exchange fee is nominal, roughly just .05% of the average Relinquished Property Contract Price per exchange. For real estate investors that may have anywhere from 10-50% of their total wealth tied up in real estate investment, that exchange fee is well worth the assurance that their 1031 Exchange is in capable hands, with measures to protect the overall integrity of the exchange, and their exchange funds.&nbsp;&nbsp;</p>

<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{218}" paraid="839423514">Accruit, as a Fiduciary for exchange funds, has an obligation, above all, to maintain the safety and liquidity of funds held for the benefit of an Exchanger. As mentioned above, a 1031 Exchange is a valuable long-term tax deferral vehicle and not an investment vehicle for the funds being held by the QI during the exchange transaction. As such, Accruit encourages all Exchangers to complete their own due diligence, ask questions, and ensure they are comfortable with all of the answers before they engage the services of any QI.&nbsp;&nbsp;</p>

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<p paraeid="{cc35f2d7-c953-4152-a4c4-b39895dc5665}{230}" paraid="1507774461"><em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.     &nbsp;</em></p>

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<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{184}" paraid="606320424">It is a fundamental principle that Exchangers should exchange equal or up in value to fully defer the relevant taxes in a 1031 Exchange. To put it another way, an Exchanger needs to reinvest the net equity and incur equal or greater debt, if any, compared to what was paid off at closing. What happens when an Exchanger wishes to cash out a portion of their proceeds instead? This blog will explore the implications of retaining some cash and not reinvesting that portion of the exchange proceeds, and a potential alternative.&nbsp;</p>

<h2 aria-level="2" paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{192}" paraid="1270735368" role="heading">1031 Exchange Basics&nbsp;</h2>

<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{198}" paraid="851491056">A key requirement for Exchangers is that they must adhere to the 45-day identification and 180-day exchange timelines. Second, all property must fit the qualified use requirements of IRC §1031, in that property must be “held for productive use in a trade or business or for investment”. Third, as per above, to fully defer all of the applicable taxes, the Exchanger must exchange into Replacement Property(ies) equal or greater in value to the Relinquished Property and utilize all of the equity from the disposition of the Relinquished Property, which is sometimes referenced as ‘trade equal or up in value and equal or up in equity’.&nbsp;</p>

<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{214}" paraid="108292575">While full deferral requires meeting these reinvestment rules, it is possible to replace debt paid off with fresh cash brought into the replacement property acquisition.&nbsp; However, it is not possible to replace net cash from the sale with excess debt on the purchase.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{220}" paraid="1526171020" role="heading">Exchanging Down&nbsp;</h2>

<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{226}" paraid="1064633607">Sometimes, however, an Exchanger may determine that they wish to withhold a portion of the exchange proceeds to pay down other debts, pursue other business opportunities, or to be used for other personal reasons. For example, we have seen Exchangers keep money out of the exchange so that they can buy a new car, a vacation, or for their children’s college education. Alternatively, some Exchangers have difficulty finding property(ies) that meet their investment criteria, coming up short on their reinvestments. Perhaps they were seeking to diversify from the sale of one large property into several smaller ones, and they either couldn’t find enough appropriate properties or one of them fell through.&nbsp;</p>

<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{246}" paraid="1269136428">Additionally, some Exchangers dispose of Relinquished Property that had some debt and choose to acquire Replacement Property with no debt. These Exchangers may be reinvesting all of the exchange proceeds (i.e. equity), but they are not exchanging up in value.&nbsp;</p>

<p paraeid="{1a676225-0e8f-40ad-b151-7c2906d2db6b}{252}" paraid="693034350">Finally, some Exchangers have been misadvised that they must only reinvest the capital gains only, and that they can withdraw their initial investment at the time of the sale. As discussed above, this is simply not true.&nbsp;</p>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{7}" paraid="833287134">In any of these scenarios, these Exchangers have found themselves in the position where they are not fully reinvesting the exchange value or the exchange funds. The amount that is not being reinvested is commonly referred to as <a href="https://www.accruit.com/blog/what-boot-1031-exchange"&gt;“boot”</a>.&nbsp;</p>

<h3 aria-level="3" paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{36}" paraid="1721038848" role="heading">Effects of Exchanging Down&nbsp;</h3>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{42}" paraid="254691966">Regardless of the reason, Exchangers who exchange down in value or equity face a likely taxable event at the end of the year. It is a ‘likely taxable’ event because they may have passive activity losses or other offsets that can be applied to the funds that are not reinvested. This is a good reason why a savvy Exchanger will include their tax and legal advisors in the planning and execution of their 1031 Exchange.&nbsp;&nbsp;</p>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{50}" paraid="978740131">Exchangers who have boot in their exchange may be subject to capital gains, <a href="https://www.accruit.com/blog/what-depreciation-recapture-tax">depreciat… recapture</a>, state, and net investment income taxes on the boot. Capital gains, state, and <a href="https://www.accruit.com/blog/what-net-investment-income-tax">net investment income (NIIT) taxes</a>&nbsp;vary based on the Exchanger’s federal income tax bracket and state of residency, while depreciation recapture is 25%, regardless of the Exchanger’s tax bracket.&nbsp;</p>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{101}" paraid="1402361344">Let’s look at a couple of possible scenarios to further illustrate Exchanging Down in Value:&nbsp;</p>

<h4 aria-level="4" paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{111}" paraid="1277231546" role="heading"><em>Scenario 1&nbsp;</em></h4>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{117}" paraid="244516341">Exchanger disposes of a multi-family property for $1 million, on which they have $200,000 in appreciation (i.e. capital gains), and they have taken $100,000 in depreciation during the time they owned the property. This Exchanger now acquires a Replacement Property for $800,000, leaving $300,000 exposed to taxation. The first $100,000 will be treated as depreciation recapture and taxed at 25%. The remaining $200,000 will be treated as capital gains, taxed at 20% for this particular individual. Adding the NIIT and a five percent state tax, the net taxable event for this Exchanger will be $82,600, due when they file their tax return for the year of the sale.&nbsp;</p>

<h4 aria-level="4" paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{127}" paraid="851416411" role="heading"><em>Scenario 2&nbsp;</em></h4>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{133}" paraid="2064358889">Exchanger disposes of raw land for $1 million, which they had acquired for $700,000, resulting in $300,000 in capital gains. Exchanger has determined that they would like to retain $100,000 of the proceeds at the closing table to invest in non-real estate investments. That $100,000 will not be part of the 1031 Exchange, it is considered boot and subject to capital gains, state and NIIT taxes.&nbsp;&nbsp;</p>

<h2 aria-level="2" paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{141}" paraid="571320494" role="heading">Possible Solutions&nbsp;</h2>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{151}" paraid="276921794">If our first Exchanger was unable to identify suitable property(ies) and they were not interested in a Delaware Statutory Trust (DST) (<a href="https://www.accruit.com/blog/delaware-statutory-trusts-1031-exchange-in…; rel="noreferrer noopener" target="_blank">1031 Exchange and Delaware Statutory Trusts</a>) or other passive real estate investments, there isn’t much that can be done to mitigate the taxable impact of their transaction.&nbsp;</p>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{190}" paraid="1133478799">Our second Exchanger has a clear alternative strategy. Rather than withdrawing the $100,000 at the sale of the Relinquished Property, this Exchanger could reinvest the entire amount into a Replacement Property and thereafter refinance the property to withdraw the $100,000. For most Exchangers, as long as the refinancing the Replacement Property is not part of an integrated plan with the purchase of the property, it should be a non-taxable event, allowing the second Exchanger to meet the goals of diversifying their investments while still executing a full 1031 Exchange. However, for partnerships, “debt-financed distributions” can be taxable, so it is essential to consider the specific tax implications before pursuing this strategy&nbsp;</p>

<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{206}" paraid="1860509616">As mentioned previously, Exchangers are encouraged to consult with their tax and legal advisors before and during the 1031 Exchange process, a Qualified Intermediary does not have access to the Exchanger’s full tax situation and, in any event, cannot provide tax or legal advice.&nbsp;</p>

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<p paraeid="{e37a3515-c5cf-4750-b9e9-a7534db17a14}{220}" paraid="1342256067"><em>The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified Intermediary, and as such does not offer or sell investments or provide investment, legal, or tax advice.  &nbsp;</em>&nbsp;&nbsp;</p>

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