What is a 1031 Exchange?

What is an exchange?

What is like-kind property?

What are TIC’s, or fractional ownership programs?

What if more than like-kind property is exchanged in the transaction?

What is fair market value?

What constitutes disposition?

 

1031 Exchange FAQ

 
 
 
 
 

What is fair market value?

The Fair Market Value of property is the price that a willing buyer and willing seller will accept in a transaction. A willing buyer and a willing seller must neither be compelled to buy or sell the property (not a distressed transaction). If Fair Market Value cannot be easily determined, it can be estimated using the trading prices of similar assets recently sold, various valuation techniques (cost method, income capitalization method), or the opinion of a professional appraiser.

The cost approach is a method that is used to value real estate by estimating the replacement cost of the structure. The underlying rationale of the method is that nobody would pay more for real estate than it would cost to buy raw land and build the structure them self. For this method to accurate, deterioration and the functional obsolescence of existing buildings must be estimated.

The income capitalization approach is a method used to value real estate as an investment. This method projects a return to the investor’s capital based on the purchase price of the real estate. Fair market value can be determined if the investors return on the purchase price is comparable to other investors’ returns on similar investments with similar amounts of risk. Two ways of performing the income capitalization approach are by discounting future cash flows or by performing what is called a “Direct Cap”.

The comparable sales method is the easiest way to estimate fair market value. The comparable sales method estimates the value of real estate by comparing it to the sales prices of similar property.  The sales prices of comparable properties are often broken down to a “per square foot basis” and used to approximate the value of similar property

Example: Richard is interested in a 1031 Tax Exchange but first wants to know what his rental property is worth. Richard's rental property is a 3-Bedroom 1,400 square foot home in Nashville Tennessee. The house down the street recently sold for $250,000 and was a  3-bedroom 1,500 square foot home ($167/square foot). Richard also knows that the 3-Bedroom, 1,250 square foot home around the corner recently sold for $218,750 ($175/square foot). Using the comparable sales approach, Richard can estimate that his home is worth between $167-$175/per square foot or between $233,333-$245,000.

Realized gain or loss:
The realized gain or loss on a transaction is the difference between the amount realized from the disposition of the property and the taxpayer’s adjusted basis in the property.

The amount realized is the sum of the money received plus the Fair Market Value of all property received in the transaction. This includes any additional costs to the seller that are paid for by the buyer, and any debt that the buyer assumes in the transaction on behalf of the seller.

Example: The amount Mark realizes in the 1031 Exchange transaction above is $275,000. This is the amount of money received ($50,000) plus the Fair Market Value of all property received ($225,000).

Say, for example, that Susan does not pay Mark $50,000 in cash. Instead, she assumes a $45,000 debt that Mark has outstanding and pays his portion of the 1031 Exchange accommodator’s fee ($5,000). In this circumstance Mark would still realize a gain of $275,000.

 
 
   
   
 
   
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