<p>The cottage industry of 1031 Qualified Intermediaries (QI) provide for the regulated role to help set up and complete a 1031 exchange, also known as a safe harbor like-kind exchange. Since introduced in the 1031 regulations in the 1990’s, the QI continues to ensure routine investments in real estate are structured to meet the deferral tax requirements while stimulating the economy through reinvestment. The role of the QI is not passive, quite the opposite. Full-time Qualified Intermediaries dedicate an exorbitant amount of resources to training their staff, educating the market, and supporting their 1031 client through a complex powerful tax deferral tool, a 1031 exchange. The result, increased investment back into the U.S. real estate market.</p>

<h2>Millennials’ Role in Real Estate Investments</h2>

<p>Over the last ten years, the real estate industry experienced an explosion of new, young investors allocating billions of dollars through online platforms, cloud-based real estate marketplaces, web-auctions, sophisticated investment vehicles like crowdfunding, DSTs, REITs, etc. Although the majority of the U.S. real estate market is still held by those 55 years or older, we are quickly seeing young, tech-savvy, motivated investors choose real estate over stocks, bonds, and mutual funds to place their excess wealth. Millennials aren’t searching “for-sale” ads in the classified sections in our newspapers. Nor are they spending time attending an open house in person. Make way for the real estate investor of 2022. They are armed with more data at their fingertips than ever before. These well-informed young investors are moving quickly in today’s market where inventory is low, prices are high, and the time to act on the perfect investment is measured in minutes – not weeks. Today’s 30 something virtual real estate investor is deeply knowledgeable about how to find the right investment and when to sell.</p>

<h2>How Will Qualified Intermediaries Support Millennial Investors?</h2>

<p>How are 1031 QIs supporting this emergent economy? If the current 1031 Exchange industry cannot meet the real estate investor in this high-paced tech world, then the role of “today’s” Qualified Intermediaries becomes diminished. As the aging real estate investors make their final sale and choose not to exchange, the younger tech generation of real estate investors is moving in quickly, ready to transact. Electronic agreements sent for e-signatures, text alerts notifying funds have been wired or received, artificial intelligence used to suggest the perfect investment, POAs transferred to market-makers to make rapid decisions when criteria is met, Crypto currency used for down payments, block-chains required to secure the new investment; the list progresses daily. Are you ready? Where does this new real estate investor fit with your services? Are you the legacy QI, “cog in the wheel”, that puts the brakes on this new reality? Does your paper-based process of mailing, faxing, in person funds transacting, requiring superfluous wet-signatures frustrate the rest of the real estate supply chain? Does your email reply alert the marketplace you need days, if not weeks, to set up a 1031 exchange? Or are you able to meet your client in the space that they require you to deliver your services? Don’t confuse a fast-paced, automated delivery platform with cutting corners, increasing risk, or sacrificing an outstanding client experience. As a matter of fact, working in today’s cloud-based, highly secured, single data entry platforms through API integrations, common workflows, and automation not only ensures consistent compliance, but also delivers a client experience that is expected.</p>

<h2>QI Technology Adapting to Today’s Real Estate Investor</h2>

<p>Accruit’s Exchange Manager™ and Exchange Manager Pro™ SaaS offerings are meeting today’s and tomorrow’s real estate investor expectations by delivering a service that routinely produces an 85 or higher NPS score due to less friction, higher security, greater transparency, and a deeper engagement with the QI. Accruit’s Exchange Manager™ and Exchange Manager Pro™ are keeping pace with the needs of the new real estate investor. The QI industry must do its part to ensure IRC1031 stays compliant in today’s hyper-paced real estate market. Leveraging technology and radically improving the workflow not only keeps the QI industry relevant, but also keeps the QI participating in driving reinvestment into the US economy.</p>

<p>To learn more about our SaaS offerings visit <a href="https://www.accruit.com/exchange-manager-pro">Exchange Manager Pro™</a></p>

<p>Much has been written about the basics of Section 1031 Like-Kind Exchanges. Indeed, we have published articles on the Steps to Successful Exchanges, nuances on the meaning of “Like-Kind” in an Exchange, Like-kind Exchange Deadlines, and Identification and Receipt Issues in 1031 exchanges. We have also explored replacement property investment options such as Tenant in Common property ownership and Delaware Statutory Trust properties. Yet, there is surprisingly little information available for investors who wish to identify Delaware Statutory Trusts (DSTs) as potential replacement property in their 1031 exchange.&nbsp;</p>

<h2>Delaware Statutory Trusts in General</h2>

<p>Delaware Statutory Trusts have become increasingly popular with 1031 exchange investors, in part, because they allow diversification of a real estate investment portfolio. They also eliminate many of the headaches involved in traditional real estate ownership – the so-called “Three Ts” of tenants, toilets, and trash.</p>

<p>Some DST investments are single-property, single-tenant properties, while others may be multi-property portfolios, and everything in between. The DST investor receives a deeded fractional ownership interest in the real estate, and the investments generally provide distributions to the investors on a quarterly basis, based upon the return provided for in the offering prospectus. DSTs may vary in minimum investment size, and in rates of return, and generally involve an asset holding period of 5-9 years, depending on the asset, the sponsor, and a variety of other factors.&nbsp;</p>

<h2>Identification Rules in General&nbsp;</h2>

<p>Section 1031 provides that the taxpayer must identify replacement property “on or before the day which is 45 days after the date on which the taxpayer transfers the property relinquished in the exchange.” The 1031 exchange Regulations further explain that “replacement property is identified only if it is designated as replacement property in a written document, signed by that taxpayer” and delivered, before the end of the identification period, to either the seller of the replacement property or “any other person involved in the exchange other than the taxpayer or a disqualified person". For practical purposes, even if identifying to another person involved in the exchange, the identification must be delivered to the Qualified Intermediary.</p>

<p>The Regulations also provide three alternative identification rules:</p>

<ul>
<li>The 3-property rule – Identify up to “three properties without regard to the fair market values of the properties”</li>
<li>The 200% rule – identify any number of properties as long as their aggregate fair market value as of the end of the identification period does not exceed 200 percent of the aggregate fair market value of all the relinquished properties as of the date the relinquished properties were transferred by the taxpayer</li>
<li>The 95% rule – if the taxpayer has identified more than three properties, and their combined fair market values exceed 200% of the relinquished property value, then any replacement property identified before the end of the identification period and received before the end of the exchange period qualifies, “but only if the taxpayer receives before the end of the exchange period identified replacement property the fair market value of which is at least 95 percent of the &nbsp;aggregate fair market value of all identified replacement properties.” [Reg. §1.1031(k)-1(c)(4)(ii)(B)]</li>
</ul>

<p>Finally, the Regulations state that “Replacement property is identified only if it is unambiguously described in the written document or agreement. Real property generally is unambiguously described if it is described by a legal description, street address, or distinguishable name (e.g., the Mayfair Apartment Building).”</p>

<h2>Identifying Delaware Statutory Trusts</h2>

<p>Applying the identification rules to DSTs has proven to be vexing for many taxpayers, and even some of their advisors. For example, identifying “Dallas Office DST #1” with nothing more, is rarely accurate, since the taxpayer is likely not acquiring the entire DST alone. To be accurate, the taxpayer must identify their target property unambiguously and with specificity. This taxpayer could identify “a $200,000 interest in Dallas Texas Office DST #1”. When identifying based on a dollar amount, they should indicate the total value of their investment, including debt, and not just the amount of exchange cash being invested. Similarly, they could identify “a 1.2345% interest in Dallas Office DST #1”. Some advisors might even suggest taking this a step further and including each of the underlying properties in the DST – “a 1.2345% interest in Dallas Office DST #1, including a 1.2345% interest in 800 Main Street, Dallas, Texas, a 1.2345% interest in 600 Commerce Street, Dallas, Texas, a 1.2345% interest in 500 Elm Street, Dallas, Texas, and a 1.2345% interest in 901 Main Street, Dallas, Texas.”&nbsp;</p>

<p>While there does not appear to be any requirement that the taxpayer list each individual property as part of their identification, each property within the portfolio does count toward the identification rules discussed above. In the case of our Dallas Texas Office DST #1, our taxpayer must recognize that there are four properties within the DST, and thus is beyond the definition of the 3-property rule. However, if the DST includes a single CVS, an identification of “CVS-DST 1411 Main Street, Dallas, Texas” would certainly be considered one property.</p>

<p>Facilitating a 1031 like-kind exchange not only takes time, but also requires significant knowledge to help the real estate investor understand the complexities of a safe-harbor 1031 deferral.&nbsp; Qualified Intermediaries (QIs) are facing unforeseen pressures driven by all-time high transactional volumes.&nbsp; Coupled with employment retention concerns, tax uncertainties still looming in Washington, D.C. and limited real estate replacement property options, the 1031 industry is working overtime to meet demands to satisfy clients in the 180-day period necessary to complete 1031 exchange transactions.&nbsp;&nbsp;</p>

<p>QIs that are focused on daily administrative duties like 45-day identification reminders, collecting faxed signatures, customizing document preparation, collecting assignments, tracking files between their home and office, managing electronic calendars and re-entering data find it increasingly challenging to create a great client experience.&nbsp; All of these mundane tasks compete with time your clients demand to interact with you, the 1031 exchange expert.&nbsp; It is time to automate your redundant 1031 processes in return for rebuilding your relationship with your clients.&nbsp;</p>

<h2>Top 10 Reasons Qualified Intermediaries Should be Using 1031 Exchange Software</h2>

<ol>
<li><strong>Document preparation and delivery.</strong>&nbsp; 1031 documents should not require significant rewrites and customization to accomplish your clients’ transactions.&nbsp; Automating the drafting, delivery, and signing of all exchange agreements provides a consistent delivery to both your staff and your clients.</li>
<li><strong>45-day and 180-day reminders.</strong>&nbsp; Calendar reminders and sticky notes cannot keep up with demand.&nbsp; Well drafted and TIMELY notices should always be expected by your clients – so leverage technology to handle this banal task and automate the workflow.&nbsp;</li>
<li><strong>Exchange Calendar overview. </strong>A quick glance at upcoming deadlines at a company, client, exchange specialist, day, week, or monthly level supports prioritizing the most important task across all exchanges.</li>
<li><strong>E-signature.&nbsp; </strong>Not only more secure, e-signatures provide audit-trails, efficiencies, and flexibilities necessary to participate in today’s real estate industry workflow.</li>
<li><strong>End-of-Exchange Report.</strong> A terrific value-add to the exchanger - A click of a button provides all the necessary information for your client’s 8824 report at any time.</li>
<li><strong>Auto populate repeat clients, referral partners and wiring instructions.</strong>&nbsp; &nbsp;Immediate access to repetitive data stored in highly secured, dedicated, and redundant databases for easy population in the 1031 workflow.</li>
<li><strong>Segregation of duties.</strong> Provide certainty to who has access to your clients’ data and exchange funds while ensuring your company’s security protocols are met.</li>
<li><strong>Single data entry.&nbsp;</strong> The top causes of failures are miscommunications or inaccurate data.&nbsp; Remove the need to input the same information multiple times to complete a 1031 exchange transaction.</li>
<li><strong>Automated reporting.</strong>&nbsp; Detailed downloadable pending, open, and closed exchange reports.&nbsp; Produce critical deadline alerts.&nbsp; Analyze business trends by types of properties, locations, sales leads.&nbsp;&nbsp;</li>
<li><strong>Access to all exchange data anytime, anywhere.&nbsp;</strong> In today’s virtual world, carrying around hard copy agreements and reports containing your client’s personal data or even residing on a company laptop is putting both you and your client at risk.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</li>
</ol>

<p>The Qualified Intermediary cannot be the reason deals slow down in today’s high-paced real estate environment.&nbsp; The services of a QI must integrate seamlessly to the long-term objectives of your clients.&nbsp; Asking clients to step back in time to provide a wet signature, reproduce data that was previously given, act on the one email or voicemail left by your team, impede a closing because documents are still in transit, or simply miss a critical deadline due to someone on your staff being sick or on vacation is not a way to grow or sustain business going forward.&nbsp; Those QIs who have thrived over the last two years recognize the importance of embracing change and quickly adapting newer technology to stay relevant.&nbsp;</p>

<h2>Benefits of Dedicated 1031 Exchange Software</h2>

<p>Whether your 1031 exchange operations are a secondary service for your parent company, or you are an independent QI managing every aspect of your exchange, don’t rely on poorly recalibrated title, loan, or legal software masquerading as a 1031 process to make your team more efficient and profitable.&nbsp; Do your homework before you engage a team of developers who promise to quickly create an excel spreadsheet, automate a mail merge, or design, develop and launch a customized software that is scalable for your future.&nbsp; New technology projects tend to lead to cost overruns, unnecessary distractions, and ultimately frustrations due to failure of meeting expectations.&nbsp;</p>

<p>Seeking out a proven 1031 Software as a Service (SaaS) offering will allow you to put your focus back to where it belongs – ON THE CUSTOMER. &nbsp;Exchange Manager Pro is the industry’s only SaaS solution built 100% for the 1031 like-kind exchange process.&nbsp; Through open APIs, this secured, cloud-based 1031 exchange solution integrates with current workflow.&nbsp; Exchange Manager Pro was designed, developed, and patented by one of the country’s largest and oldest qualified intermediaries.&nbsp; Now, more than ever, qualified intermediaries must maintain an efficient, consistent and automated client experience to parallel the industry being served.&nbsp; Exchange Manager Pro provides the software delivery to enhance the 1031 experience and put qualified intermediaries focus back on the client. &nbsp;</p>

<p>While many of our clients’ 1031 exchanges are complex, every <a href="/property-owners/1031-exchange-explained">1031 exchange</a> requires adherence to basic rules and guidelines. Some of our clients are visual learners, and appreciate our <a href="/property-owners/1031-exchange-explained#types-of-exchanges">1031 Exchange infographic</a>. For those who prefer to read the information, we offer the following outline of the basic steps of a Section 1031 Exchange.</p>

<h2>Prior to Closing of the Relinquished Property</h2>

<p>IRS Regulations require that the exchange documentation be in place prior to the closing on the property being relinquished or disposed of. Once you determine that you should structure your transaction as a Section 1031 Exchange, the next step is to add an Addendum to the contract for the sale of the property. This Addendum, while technically not required, is suggested in order to show the intent to do an exchange, permit assignment of the contract to the Qualified Intermediary (QI), and to reassure the buyer that there is no additional expense or liability for the buyer.</p>

<h2>Relinquished Property Addendum</h2>

<p>Once the contract on the property being relinquished has been ratified, a copy of the contract should be provided to the Qualified Intermediary (or “QI”), along with the contact information of the attorney, and the title company, settlement agent, or escrow agent who will be conducting the closing.</p>

<p>The QI then prepares the required Exchange Agreement, the Assignment, and the Notice of Assignment, and provides this document package to the taxpayer and counsel, and provides instructions to the settlement agent. These documents must be signed and delivered prior to the closing (or the very latest, at the closing).</p>

<h2>After Closing&nbsp;&nbsp;&nbsp;</h2>

<p>The settlement agent should wire the funds directly to the QI, and forward copies of the settlement statement and other closing documents to the QI, either electronically or by overnight delivery.</p>

<h2>45-Day Identification&nbsp;&nbsp;&nbsp;</h2>

<p>Within 45 days of the transfer of the first relinquished property, the taxpayer must provide an identification of the potential replacement property/properties to the QI. The Regulations provide different identification options: (i) if the replacement property is received before the end of the 45-day identification period, it is considered identified; (ii) identify no more than three alternative properties, regardless of fair market value; (iii) if the taxpayer identifies more than three properties, the total fair market value should not exceed 200% of the value of the property relinquished; (iv) if identifying more than three properties, with total fair market value exceeding 200%, then the taxpayer must actually acquire a minimum of 95% of the identified fair market value. A more detailed discussion of the identification requirements is contained in this post.</p>

<p>IRS Regulations require the identification of replacement properties be in writing, be signed by the taxpayer, and delivered to the QI. Properties should be identified by street address and/or legal description, or other readily identifiable means, such as “the Mayfair Apartment Building, Collingswood, NJ.”</p>

<p>After the 45-day period has expired, only those properties that were properly identified may be acquired as replacement properties and be part of the exchange. No new properties may be identified after the 45-day identification period.</p>

<p>The identification may be revoked or amended at any time during the 45-day identification period and new replacement property may be identified. However, this also must be done in writing, be signed by the taxpayer, and be delivered to the QI before the end of the identification period.</p>

<h2>Identification of Property to Be Built&nbsp;&nbsp;&nbsp;</h2>

<p>The regulations provide special rules for the identification and receipt of replacement property to be built. The identification requirement for the property to be built will be met if the identification provides “a legal description for the underlying land and as much detail is provided regarding construction of the improvements as is practicable at the time the identification is made.”&nbsp; Note: Improvements to be made to property already owned by the taxpayer are not considered like-kind and cannot be used as a replacement property in a 1031 exchange.</p>

<h2>180-Day Exchange Period&nbsp;&nbsp;&nbsp;</h2>

<p>The taxpayer must complete the acquisition of the identified property/properties within 180 days from the transfer of the first relinquished property – or the due date of their tax return, whichever date is earlier. Taxpayers who start their 1031 exchanges after October 15 may want to consider filing for an extension on their income taxes in order to obtain the benefit of the full 180-day exchange period. Obtaining an extension requires filing IRS Form 4868, and provides an extension on the due date of the tax return only, not on the 180-day exchange period.</p>

<h2>Prior to Transfer of the Replacement Property&nbsp;&nbsp;&nbsp;</h2>

<p>When an offer is made on a desired replacement property, an Addendum may be added, stating that the transaction is part of a like-kind exchange, that the contract may be assigned to the QI, and that there is no additional liability or expense to the sellers. As with the addendum for the relinquished property, this is technically not required to comply with Section 1031.</p>

<h2>Replacement Property Addendum</h2>

<p>Once the QI receives a copy of the contract to purchase the replacement property, the QI will prepare the appropriate Assignment of Contract, Notice of Assignment, and instructions to the settlement agent. The QI will coordinate with the taxpayer, taxpayer’s counsel, and the settlement agent, and wire the exchange funds to the settlement agent.</p>

<h2>Reporting the Exchange - IRS Form 8824</h2>

<p>As part of the tax return for the year that the relinquished property was transferred, the taxpayer will report the exchange on IRS Form 8824, Like-Kind Exchange.&nbsp;&nbsp; &nbsp;</p>

<p>&nbsp;</p>

<p>Since 1921, the rules for qualifying and completing 1031 exchanges have gradually broadened and become less restrictive. Even so, there are dos and don'ts and several gray areas of which taxpayers should be aware. For the taxable gain to be deferred, specific key requirements must be satisfied.</p>

<ul>
<li>There Must Be No Constructive or Actual Receipt of Exchange Funds</li>
<li>Exchange Must Be Equal or Up in Value</li>
<li>Must Follow Exchange Time Limit &amp; Identification Requirement</li>
<li>Properties Must Be Held for Business or Investment Purposes</li>
<li>Properties Must Be Exchanged</li>
<li>Properties Must be "Like-Kind": Two real estate assets of a similar nature irrespective of class or quality, that (if exchanged by the rules) can be replaced without realizing any taxable gain.</li>
</ul>

<h2>Defining Like-Kind Requirements</h2>

<p>There are many requirements to ensure a compliant <a href="https://www.accruit.com/property-owners/1031-exchange-explained&quot; target="_blank" title="1031 Exchange Explained">1031 exchange</a>. Potential exchangers frequently pose questions on what property is considered "like-kind" to another property. Generally, any type of genuine property interest is like‐kind to any other type of real property. The properties do not have to be of the same nature. For example, an exchanger could exchange a single-family home held as a rental property for a vacant parcel of land purchased as an investment. Section 1031 defines like-kind property as any property owned for investment or use in a trade or business. The relinquished property and the replacement must be of like-kind to qualify for exchange treatment.</p>

<h2>Examples of Property that are not Like-Kind</h2>

<p>In simple terms, the taxpayer must use both properties involved in exchange for trade, business, or investment purposes. So, for example, although a personal residence or a vacation home is real estate, it would not qualify for exchange treatment since it is held for personal use and not for investment. Property owned as part of a dealer's or developer's inventory also does not qualify. The rules provide that the words "like-kind" reference the nature or character of the property and not its class or quality. Under regulations, things to consider are "the respective interests in the physical properties, the nature of the title conveyed, the rights of the parties, and the duration of the interests."</p>

<h2>Like-Kind Examples</h2>

<p>Based on these provisions, like-kind is defined in the tax code quite liberally in that any real estate is like-kind to any other type of real estate. For example, whether the real estate is improved or unimproved is not significant. Many court cases and rulings have addressed the like-kind standard for real property. Regulations provide examples of like-kind real property, some of which are obvious, others less so. Below are examples of real property interests that one can exchange for any other type of real estate:</p>

<ul>
<li>Strip center for multi-family rental</li>
<li>Vacant lot for improved property</li>
<li>Improvements on property not already owned</li>
<li>Oil, gas and other mineral interests</li>
<li>Water rights</li>
<li>Cell tower, billboard and fiber optic cable easements</li>
<li>Conservation easements</li>
</ul>

<p>The Regulations require the replacement property to be located within the United States (and some territories) and qualify as like-kind for the property sold in the United States. For example, a taxpayer cannot use proceeds from an office building in Dallas to acquire an investment property in Mexico. While a Mexican condominium investment sounds like a great retirement plan, after the extended rental period is over it's not going to pass muster with the IRS when it comes to Section 1031. Property located outside the United States is like-kind only to other property located outside of the United States.</p>

<h2>Summary</h2>

<ul>
<li>Like-kind real estate are assets of the exact nature or character, irrespective of class or quality, one can exchange that without realizing tax liability under Section 1031</li>
<li>Properties must be held for use in a trade or business, or investment purposes, but do not need to be similar in class or quality</li>
<li>Any type of real estate is like-kind to any other real estate interest</li>
<li>Many non-traditional real estate interests are like-kind to conventional interests</li>
<li>Properties must be in the United States (and some US territories and possessions) to qualify as like-kind to other properties in the United States</li>
</ul>

<p>Be sure to discuss 1031 exchange plans with a trusted Qualified Intermediary. Following the like-kind requirements is just one of several rules that must be adhered to in order to complete a successful&nbsp;1031 exchange.&nbsp;</p>

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<h2>What Does Boot Refer to in an Exchange?</h2>

<p>The term boot is commonly used when discussing the tax consequences of an exchange. Boot is anything that is <u><strong>not</strong></u> considered “like-kind” that the taxpayer receives in an exchange. This could include cash, property other than real property, or net debt relief.&nbsp;Any boot the taxpayer receives is regarded as taxable gain and will trigger a taxable event. There are two categories of boot, mortgage boot or cash boot. Mortgage boot refers to the liabilities assumed by the taxpayer. Mortgage boot occurs when the exchanger reduces a loan or debt from one property to the other. Cash boot is any cash that the taxpayer receives once the exchange is finalized. It is also important to remember that relief of debt is a taxable event. Here are examples of mortgage and cash boot.</p>

<h3>Cash Boot</h3>

<p><em>Ms. O’Connell has paid off the mortgage on her property with a value of $100,000. She enters into an exchange and purchases a property with a value of $90,000. Ms. O’Connell receives the remaining $10,000 in cash at the end of her exchange. She receives cash which is cash boot, and Ms. O’Connell will have to pay taxes on the $10,000.</em></p>

<h3>Mortgage Boot</h3>

<p><em>Ms. O’Connell exchanges her property with a value of $100,000 and a mortgage of $50,000. She purchases her replacement property for $90,000 and takes out a loan of $40,000. Because Ms. O’Connell initially had a loan for $50,000 and ultimately ended up with a $40,000 loan, $10,000 less, she has $10,000 in mortgage boot. Even though she never received any cash from the exchange, the mortgage boot is subject to a capital gains tax.</em></p>

<p>Cash boot can also occur in transactions that involve debt. Suppose a taxpayer places more debt on the replacement property than there was on the relinquished property. The funds held by the Qualified Intermediary are not all used, resulting in excess funds. In that case, the taxpayer will receive the taxable boot. For example:</p>

<p><em>Ms. O’Connell exchanges her property with a value of $100,000 and a mortgage of $40,000. She purchases a replacement property with the same value of $100,000. Ms. O’Connell takes out a loan of $50,000 and uses $50,000 of the $60,000 held by the qualified intermediary to purchase the replacement property. Although Ms. O’Connell exchanged her property for another of the same value, the $10,000 cash left in the exchange account that she receives is cash boot and considered taxable gain.</em></p>

<h2>Boot Netting Rules&nbsp;</h2>

<p>Certain types of boot may cancel out each other, which will lessen their overall impact and reduce the taxable gain. Boot netting rules include:</p>

<ul>
<li>Cash boot paid on the acquisition of replacement property offsets cash boot received on the disposition of the relinquished property. Cash boot spent on the purchase of the <a href="https://www.accruit.com/blog/1031-exchange-explained-equal-or-value&quot; target="_blank" title="Replacement Property in 1031 Exchange">replacement property</a> offsets the mortgage boot received (debt relief) on the disposition of the relinquished property.&nbsp;</li>
<li>Mortgage boot paid (debt assumed) on the acquisition of the replacement property offsets the mortgage boot received (debt relief) on the disposition of the relinquished property. Mortgage boot paid (debt assumed) on the acquisition of the replacement property will not offset cash boot received on the disposition of the relinquished property.</li>
</ul>

<h2>Avoiding Taxes Tied to Cash and Mortgage Boot</h2>

<p>Credits on a settlement statement directly paid out to the taxpayer result in a taxable event. The credits on a settlement statement can come from various parts of the exchange if not appropriately handled. Here are the few common ones and their solutions:</p>

<p>If a taxpayer pays earnest money out of pocket for a replacement property, the settlement statement will credit the amount back to the taxpayer. This cash return will result in a taxable event. However, if the taxpayer instructs the qualified intermediary to use the exchange proceeds to pay the earnest money, there can be no credit and, therefore, no taxable event. A settlement agent cannot show an offsetting debit line item for an item that the taxpayer did not prepay out of pocket. &nbsp;Suppose the credit shown on the settlement statement includes a credit for property taxes, rent, or security deposit prorations. In that case, the taxpayer should consider asking the seller to pay these items outside of closing. Another option is to ask the closer to show those items as paid outside of the closing and not as a credit line item.</p>

<p>Loan terms can also cause boot. Some lenders and exchangers believe that combining exchange proceeds with a high-balance loan will result in tax-free cash back, and this is not the case. As explained above, any type of credit on a settlement statement after closing will be taxable. To avoid the boot, the taxpayer can lower the loan amount or reduce the principle on the settlement statement for the cashback amount.&nbsp;</p>

<p>When purchasing more than one property, the closer should only credit the buyer the funds needed to buy the property without sending any cashback. The qualified intermediary will hold the remaining funds for use in the additional purchase. If the challenge lies in finding properties to use their remaining exchange funds, call your qualified intermediary. There are various alternative forms of investments that taxpayers do not realize qualify under 1031 exchange rules and may benefit them even more.<br />
&nbsp;</p>

<hr />
<p>&nbsp;</p>
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