Are you an investor who is considering the sale of a commercial property and seeking strategies to optimize your returns? The 1031 exchange, also known as a like-kind exchange, might be the ideal solution. This tax-deferral tool allows investors to exchange one investment property for another, or even multiple properties, and reinvest the proceeds without incurring capital gains taxes.
Good news—this rule extends to commercial real estate, given its classification as investment property. This allows you to swap a commercial property for another Investment property (commercial, multifamily, etc). Yet, remember that it’s an IRS-regulated process, and adhering to distinct rules and guidelines is a priority.
In this article, I will break down the essential 1031 exchange rules for commercial property to help you maximize this tax-deferral strategy.
1031 Exchange Rules for Commercial Property
1031 exchanges are an excellent option for investors to maximize their sales. Instead of being on the hook for capital gains taxes that can eat up as much as 35% of your profit, you can reinvest your entire proceeds into a new property.
However, like any IRS-regulated tool, there are strict rules that you need to be aware of. Generally, 1031 exchanges for commercial properties work much like they do for any other investment property.
1031 Exchange Rules for Commercial Property | |
| Like-Kind Requirement: Both the property you’re selling and the property you’re acquiring must be what the IRS considers “like-kind.” I.E., it needs to be of the same character, but this is somewhat broad…investment real estate for investment real estate. But the property type/uses don’t have to be the same. For example, you can exchange a commercial property for an industrial space or condominium for rental purposes.
Investment or Business Use: The relinquished and replacement properties must be held for investment or used in your trade or business. Personal residences or any other property held for personal use (such as a vacation home) are not eligible for 1013 exchanges. |
| Timing is crucial, and 1031 exchanges have rigid timelines. Two of the most essential rules and hurdles for 1031 exchanges are the 45-day and 180-day identification period.
45-Day Identification Period: From the day you sell your property, you have 45 calendar days to identify and report, in writing, any potential replacement properties. 180-Day Identification Period: You have 180 days from selling your original property to finish the 1031 exchange process.
Both periods are concurrent, and these tight windows require careful planning. Investors are beholden to these windows outside of rare exceptions. |
| You are not allowed to handle the proceeds from the sale of your original property. Instead, the IRS requires that you enlist a QI to facilitate the exchange. The QI will hold your proceeds and ensure the exchange occurs within IRS compliance. |
| If you had a mortgage or other debt on your original property, you have to replace that debt with equal or greater debt on the replacement property to avoid triggering taxes on the difference. This is because using a new property to pay off a mortgage is considered a “boot” and has tax implications. |
| 1031 exchanges pertain to real property such as land, buildings, etc. Personal property such as furniture or equipment are not eligible for deferral and may, in fact, also trigger taxes. |
| Titleholders on the original property should be the same as those on the replacement property. However, exchanging into an LLC, partnership, or trust may only apply if specific requirements are met. |
| Investors must keep up with their 1031 exchange records, potentially including IRS Form 8824, as they have to be reported on income taxes to ensure reporting compliance and the continued validity of a 1031 exchange. |
Seek Professional Guidance
Given the complexity of 1031 exchanges, you must always consult a tax professional or financial advisor before committing to the process. You will want expertise to ensure that you effectively navigate the rules and regulations of 1031 exchanges to enjoy its tax-deferral benefits.
Selling Your Commercial Properties? We May Have a 1031 Exchange Option for You
Investors decide to sell their commercial properties for a multitude of reasons. It could be in response to a shift in market demand for commercial real estate, a strategic move to diversify their investment portfolio, a realignment of their investment objectives with changing market trends, or simply a desire to step away from property management responsibilities.
Regardless of the reason, Canyon View Capital provides investors with valuable solutions to transition into new properties without the burdens of property management, all while preserving the benefits of real estate investments.
Canyon View Capital Offers 1031 Exchange Options for Investors
Knowing the 1031 exchange rules for commercial property is a huge first step in the next stages of your investment journey. If you’re looking for replacement property options for your 1031 exchange, we may be able to help.
At Canyon View Capital, we eat, breathe, and sleep multifamily real estate. It’s our passion and the core of what we do. Our management team boasts a cumulative 60+ years of real estate experience, and we’ve channeled that passion into a thriving operation, now proudly managing multifamily properties valued at over $1 billion1.
We offer investors like you the ability to exchange into one or more of our multifamily properties located in America’s Heartland as Tenants in Common. By doing so, you can enjoy passive rental income without worrying about managing properties while deferring your capital gains taxes.
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12$1B figure based on aggregate value of all CVC-managed real estate investments valued as of March 31, 2023.
Gary Rauscher, President
When Gary joined CVC in 2007, he brought more than a decade of in-depth accounting and tax experience, first as a CPA, and later as the CFO for a venture capital fund. As President, Gary manages all property refinances, acquisitions, and dispositions. He works directly with banks, brokers, attorneys, and lenders to ensure a successful close for each CVC property. His knowledge of our funds’ complexity makes him a respected executive sounding board and an invaluable financial advisor.