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1031 Exchange The Most Common Mistakes



A


property transaction           It states, a real property owner  
related to a 1031 exchange      can sell his property and then    
into a Tenant in Common         reinvest the proceeds to purchase 
property could have a great           of like-kind property and defer   
impact on the financial stability     the capital gain taxes. Like-kind 
of a person. Any mistake or a         exchange is considered as one of  
wrong decision in regards to a        the best-kept secrets of the      
1031 exchange can put you in deep     Internal Revenue Code and very    
trouble, besides unexpected           few CPAs, lawyers and financial   
financial liabilities.                advisors have proper knowledge    
                                      about this.                       
It is often seen that most people                                       
interested for a 1031 exchange        By doing a 1031 exchange into a   
into a Tenant in Common property      Tenants in Common (TIC) property, 
commit certain basic mistakes         you can become a part owner of a  
that jeopardize the whole             large commercial property managed 
transaction or results in a           by professionals, who pay you a   
complicated legal situation           monthly income for the property.  
leading to the client paying a        This is favorable for most people 
huge tax or penalty amount.           because it has got fewer strings  
                                      attached compared to private      
Before I tell you about these         annuity trusts, charitable trusts 
common mistakes, let me first         etc.                              
explain in brief what is 1031                                           
exchange and how it helps.            There are 3 Major mistakes that   
                                      are generally committed by people 
Section 1031 of the IRC gives a       going for a 1031 exchange into a  
chance to real estate buyers to       Tenant in Common property.        
defer the capital gain taxes that                                       
they incur by selling a property.     a) Ensure that your investment    



company has their act together.       extensive experience with         
Ask them for their history in TIC     commercial property and property  
offerings, check referrals for        management.                       
satisfied clients. A good and                                           
experienced investment company        b) Choose a well-experienced      
should be able to provide you         qualified intermediary. A         
with multiple references of           qualified intermediary is         
satisfied clients. Also check the     extremely instrumental in the     
properties available with them, a     successful completion of a 1031   
good investment property would        exchange for Tenants in common    
only pick the best properties –       property. They need to be well    
good real estate properties are       conversant with 1031 exchange     
hard to find and sells fast.          rules. They ensure that all       
While mediocre or small               documentation and money transfer  
investment companies will deal        meets the guidelines set for the  
with B grade or less desirable        by section 1031 of the IRS.       
properties, the good investment                                         
firms will have only the best         Your Accommodators will set up    
properties on offer.                  your LLC. It is suggested that    
                                      you should not work with an       
If you are planning to do it          accommodator with whom you have   
privately, be cautious about          an existing relationship. Your    
getting into a Limited                family attorney or estate         
Partnership where only one or two     planning attorney may not qualify 
members make all the decisions.       as your accommodator. A small     
Another alternative to could be       mistake here can lead to a hefty  
to get a group of friends             bill for taxes or penalties by    
together and do it all by             the IRS, or even worse, the whole 
yourself, however, that is            transaction might fail due to the 
feasible only if you have             incompetence of your accommodator 



or qualified intermediary.            investment with them compared to  
                                      any startup. Let your management  
c) Don’t try to cut corners on        company have a small profit       
your property management company.     because their performance is      
This is extremely important for       directly related to your          
profitable performance of your        investment stability and is going 
investment. You will have to          to get you multiples of that      
depend on your property               amount.                           
management company for the                                              
day-to-day problems that will         If you are hiring an experienced  
arise; they will be responsible       property management firm it is    
for paying your property taxes in     always a win-win situation of     
time and maintaining your             both the parties and you are sure 
building. Your property               to make the best out of your      
management company should be able     investment.                       
to offer you a long term Triple                                         
Net Lease that has detailing of       Avoid these common mistakes while 
your annual income percentage         planning your investment for 1031 
along with scheduled increase.        exchange into Tenant in Common    
Only reputable management             properties and you can ensure a   
companies would be in a position      continuous flow of monthly income 
to offer this. It is worth            while your investment experience  
spending on a good property           a steady growth.                  
management company as you get a       

                              
much higher return on your            




About the Author:

This article is written by Ray Smith, a marketing expert with years of experience in different industries and specialized knowledge on branding and Internet marketing. http://www.1031assistance.com


Read more articles by: Saptarshi Roy Chaudhury

Article Source: www.iSnare.com


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    1031 Exchange The Most Common Mistakes