Top Ten 1031 Misconceptions for 2019
“Like-kind” means I must exchange the same type of property, such as an apartment building, for another apartment building. FALSE A 1031 Exchange means that the sale and the purchase have to happen at the same time. In other words, the seller has to find someone willing to swap properties. FALSE My attorney or CPA can handle the exchange for me as my Qualified Intermediary. FALSE To do a 1031 Exchange I just need to file a form with the IRS with my tax return and “roll over” the proceeds into a new investment. FALSE I can only defer my capital gains tax via a 1031 Exchange. FALSE All of the funds from the sale of the relinquished property must be reinvested. NOT NECESSARILY You must replace the debt that you had on the relinquished property with at least the same amount of debt on the replacement property. FALSE Opportunity Zone Funds are another alternative to defer my taxes. POSSIBLY When I sell my personal residence I need to set it up as a 1031 Exchange. FALSE