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BK-CPA
BK-CPA, Certified Public Accountant (CPA)
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Realestate is sold for $2,000,000 subject to $1,500,000 seller

Resolved Question:

Realestate is sold for $2,000,000 subject to $1,500,000 seller financed mortgage,. Cost basis is $700,000. Can I do a 1031 exchange. How would that work?
Submitted: 4 years ago.
Category: Tax
Expert:  BK-CPA replied 4 years ago.

You can look into a qualified exchange accommodation arrangement if you don't directly swap property-for-property. I'll toss you an IRS link here:

 

http://www.irs.gov/irb/2004-33_IRB/ar13.html

 

"

.01 Section 1031(a) provides that no gain or loss is recognized on the exchange of property held for productive use in a trade or business or for investment if the property is exchanged solely for property of like kind that is to be held either for productive use in a trade or business or for investment.

 

.02 Section 1031(a)(3) allows taxpayers to structure deferred like-kind exchanges. Under § 1031(a)(3), property may be treated as like-kind property if it is (A) identified as property to be received in the exchange (replacement property) on or before the day that is 45 days after the date on which the taxpayer transfers the property relinquished in the exchange (relinquished property), and (B) received before the earlier of the date that is 180 days after the date on which the taxpayer transfers the relinquished property, or the due date (determined with regard to extensions) for the transferor's federal income tax return for the taxable year in which the transfer of the relinquished property occurs. "

 

"03 Rev. Proc. 2000-37 addresses "parking" transactions. See sections 2.05 and 2.06 of Rev. Proc. 2000-37. Parking transactions typically are designed to "park" the desired replacement property with an accommodation party until such time as the taxpayer arranges for the transfer of the relinquished property to the ultimate transferee in a simultaneous or deferred exchange. Once such a transfer is arranged, the taxpayer transfers the relinquished property to the accommodation party in exchange for the replacement property, and the accommodation party transfers the relinquished property to the ultimate transferee. In other situations, an accommodation party may acquire the desired replacement property on behalf of the taxpayer and immediately exchange that property with the taxpayer for the relinquished property, thereafter holding the relinquished property until the taxpayer arranges for a transfer of the property to the ultimate transferee. Rev. Proc. 2000-37 provides procedures for qualifying parking transactions as like-kind exchanges in situations in which the taxpayer has a genuine intent to accomplish a like-kind exchange at the time that the taxpayer arranges for the acquisition of the replacement property and actually accomplishes the exchange within a short time thereafter.

 

.04 Section 4.01 of Rev. Proc. 2000-37 provides that the Internal Revenue Service will not challenge the qualification of property held in a QEAA "as either ‘replacement property' or ‘relinquished property' (as defined in § 1.1031(k)-1(a)) for purposes of § 1031 and the regulations thereunder, or the treatment of the exchange accommodation titleholder as the beneficial owner of such property...." Thus, taxpayers are not required to establish that the exchange accommodation titleholder bears the economic benefits and burdens of ownership and is the "owner" of the property. The Service and Treasury Department are aware that some taxpayers have interpreted this language to permit a taxpayer to treat as a like-kind exchange a transaction in which the taxpayer transfers property to an exchange accommodation titleholder and receives that same property as replacement property in a purported exchange for other property of the taxpayer. "

Customer: replied 4 years ago.

I understand the basics of a 1031 exchange. Could you be more specific about such an exchange where there is an owner financed mortgage on the property to be sold.

 

Expert:  BK-CPA replied 4 years ago.

There are people/companies who charge a fee to act as the accommodation party. You're not going to get an easy answer on this one. You have to work it out with the parties of the transaction.

 

If the title transfers happen (and they'll have to), the seller financed mortgage would have to get worked out and a note signed. This won't be treated like an installment sale, land-contract style.

 

Really, this is a very complex situation and you need professional help outside of justanswers.com if you're going to go through with it. Sit down with someone face-to-face. Simply knowing that this sort of arrangement exists is something not many of the experts here might be familiar with, much less be able to walk you through, so you've definitely gotten your $15 worth in my humble opinion (I would get > $4 upon you accepting the answer).

 

Get help!!

 

Thank you for your question. Hopefully you find this answer sufficient.

BK-CPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 823
Experience: Owner of a CPA firm
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