How To 1031 Exchange Your Property into a Passive Real Estate Syndication for Better Returns and Tax Savings

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Real estate investing is a powerful way to build wealth. 

But for investors who already own property, there are strategic opportunities out there to increase returns and save on taxes. In this article, we will explore how 1031 exchanges can help you do just that—exchange your current property into a passive real estate syndication for greater returns and tax savings!

What is a 1031 Exchange?

When you sell an investment property, you are subject to paying capital gains tax on the sale (and potentially depreciation recapture).

However, a 1031 exchange is a great way to upgrade your property portfolio, take advantage of better returns and tax savings with a new asset, and diversify your portfolio into new asset classes and markets. Additionally, by exchanging your property for another investment property, you can defer paying capital gains taxes on the sale of your property. 

To complete a 1031 exchange, you must work with a qualified intermediary who will hold the proceeds from the sale of your property and then use those funds to purchase the new investment property. The process must be completed within a specific timeframe, and other rules must be followed to qualify for the exchange. 

Benefits of 1031 Exchanges 

Although 1031 exchanges seem like a lot of work (and they can be), the benefits of 1031 exchanges are plentiful: 

Deferring capital gains tax: This is the primary benefit of 1031 exchanges. By deferring capital gains tax, you can reinvest the proceeds from your sale into a new investment property and continue to grow your portfolio without being taxed on your profits. 

Increasing your buying power: When you defer capital gains tax through a 1031 exchange, you can use the entire proceeds from your sale to purchase a new investment property. This allows you to buy a more expensive property or multiple properties with the same amount of money that you would have otherwise paid in taxes. 

Diversifying your portfolio: A 1031 exchange allows you to sell one investment property and purchase multiple properties in various locations or of diverse types. This can help diversify your portfolio and reduce your risk.

What Property Qualifies as an Exchangeable Asset? 

The IRS (Internal Revenue Service) has strict guidelines on what types of properties qualify for a 1031 exchange. To qualify for a 1031 exchange, the property being exchanged must be held for investment or business purposes. 

In general, the property must be:

Located in the United States.

Held for investment or business purposes (i.e., not your personal residence).

Of like kind (i.e., similar in nature and character) to the property you are exchanging it for.

The property can be raw land, a rental property, office space, or any other type of real estate investment. The key is that the property must be used in a way that generates income.

How to Execute a 1031 Exchange into a Passive Deal

Now that we have covered what a 1031 exchange is, the benefits of the exchange, and what property qualifies for an exchange, did you know you can exchange your active real estate ownership into a passive real estate deal and still defer paying capital gains 

taxes on the sale of your property? This can be a terrific way to invest in passive real estate, get better returns, save on taxes, diversify your portfolio, AND get a far better return on your time.

To do a 1031 exchange into a passive real estate deal, you will need to find a qualified intermediary who will hold the proceeds from the sale of your property and then use those proceeds to purchase the new property. However, the “new property” is your ownership in a legal structure called a “Tenant In Common” that will invest in the passive real estate deal.

You also need to find a reputable operator you know, like, and trust who will work with you on completing a 1031 exchange into one of their passive real estate deals. This can be tricky, but it’s entirely doable. For a minimum 1031 exchange investment of $500K-$1M+, the operator may even cover all legal fees associated with the transaction. 

Just like any other 1031 exchange, you will need to identify the new property within 45 days of selling your old property and close the passive real estate deal within 180 days. So, the trick is to let the operator know you want to do a 1031 exchange as soon as you know you are selling, so you have the maximum time to line up the deal calendar. Be sure to work with a reputable operator and qualified intermediary and follow the guidelines set forth by the IRS to ensure a successful exchange.

Wrapping Up 

1031 exchanges are an incredibly powerful tool for real estate investors, enabling them to defer capital gains taxes on the sale of an investment property and reinvest those proceeds into a higher-yielding asset. With careful planning and execution, 1031 exchanges are a terrific way to maximize your returns and minimize your tax burden while boosting your portfolio’s overall performance.