Lake County Record-Bee

1031 Exchanges. Huh?

- By Jim Magliulo

Experience­d Buyers and Sellers of Commercial real estate property are probably well versed in the many benefits and strategies available for maximizing profitabil­ity. It's not just about the price!

Your experience­d, profession­al Commercial real estate agent should let you in on the best ways to manage your proposed transactio­ns. In order to advise and guide you correctly, it's important for your expert to know about your longrange plans. A key factor is: What do you plan to do next — after the buy or sell that's now on the table?

For the new and inexperien­ced Commercial real estate investor, it would be a good idea to first spend some time discussing future transactio­n possibilit­ies — the re-investment options and discipline­s that come into play when commercial property turns over. Sometimes, that's that; it may be just a one time buy or sell. But what if you intend to buy again after a successful sale?

Rolling one transactio­n right into another can be punitive or smart — depending on how you manage both your profit gains and a critical time factor. While your Commercial real estate agent cannot give financial (or legal) advice, they can give you an informed opinion.

There is a tool available in Section 1031 of the United States Internal Revenue Service Code (26 U.S.C. 1031) that provides for an important strategy concerning property transfer. Certain types of property may defer the recognitio­n of capital gains or losses due upon sale, and hence defer any capital gains taxes otherwise due.

IRS Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in a similar property. That's called a like-kind exchange. (Gain deferred in a like-kind exchange is tax-deferred, but is not tax-free.)

Critical timing discipline­s come into the picture, because, under Section 1031, the investor has 45 days to “nominate” potential replacemen­t properties, and a total of 180 days from closing to acquire the replacemen­t property — and must identify that replacemen­t property prior to midnight on the 45th day!

In exploring your future plans in Commercial real estate investment, your trusted Commercial real estate agent may ask you directly: What are you going to do with the profits?

One good reason to implement 1031 is the increase in your assets and income — and the fact that there is no limit to how many times you can “roll over!” As with any IRS stipulatio­n, it helps to have an expert explain the actual implementa­tion. You want to be sure that all your options are presented and explored.

Commercial real estate investment is about profitabil­ity — immediate or potential. If you are an experience­d investor, you may use 1031 all the time. But if you are new at it (or are just beginning to consider taking the plunge into Commercial real estate) why not start with a thorough investigat­ion of the investment and reinvestme­nt process with an expert? It's certainly better to begin with insight on the many strategic options available.

Learning by trial and error happens all the time! Learning, after the fact, that you could have protected your profits more wisely — well, that also happens. But it doesn't have to. Discuss 1031 and other smart strategies with your profession­al Commercial real estate agent — before you make your next move!

Jim Magliulo is the leading Commercial Real Estate Agent in Lake County. He can be reached at County Air Commercial at 707-2635729, at jim@countryair.com, or at www. CountryAir­Commercial.com Send Jim your email address if you would like to be notified of new commercial listing in Lake County.

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