Tax Efficient Growth with 1031 Exchanges

Private real estate is often an attractive investment option for investors seeking tax efficiency. It creates some opportunities for tax deductions, but investors can also defer capital gains taxes on the sale of an investment property by engaging in a 1031 exchange. Doing so allows you to reinvest your entire sales proceeds into a new replacement property and creates the ability to “buy up,” purchasing a new property of higher value or better quality.

Since there are no limits to the number of times you can engage in a 1031 exchange, it’s possible to repeatedly roll your gains into upgraded property holdings, continually deferring capital gains taxes, and potentially growing your wealth through additional capital appreciation.

Engaging in a “Like-Kind Exchange”

The rules for a 1031 exchange are defined under Section 1031 of the U.S. Tax Code. A 1031 exchange allows investment property owners to defer their capital gains taxes on a property sale by purchasing a “like-kind” replacement property. However, the definition of a “like-kind” property is far broader than you may think.

The IRS defines like-kind properties based on the "nature or character" of the property rather than on the "grade or quality.” Therefore, virtually any real estate property is considered “like-kind” to any other piece of real estate property.

This means that you could exchange a single-family rental home for an industrial warehouse, a piece of raw land for a shopping complex, and so on. Since this definition provides significant leeway, it can also create opportunities for additional portfolio diversification across various property types.

Working with a Qualified Intermediary

To protect the preferential tax treatment provided by a 1031 exchange, it’s imperative to work with a Qualified Intermediary (QI) from the very beginning of the exchange process. A QI is an independent, disinterested third party, that is a person, company, or entity that facilitates a 1031 exchange. During a 1031 exchange, a taxpayer cannot ever receive proceeds from the sale of the relinquished property. Therefore, when engaging in an exchange, the QI must perform the transaction.

In this scenario, the QI acquires the property from the taxpayer, transfers it to the buyer, and holds the sales proceeds. Then, when the taxpayer is ready to purchase the replacement property, the QI uses the funds to acquire the property from the seller and transfers it to the taxpayer.

1031 Exchange Timelines

In addition to working with an approved QI, investors must also meet specific time restrictions, known as the 45-day and the 180-day deadlines.

The 45-day deadline requires you to identify your potential replacement property or properties within 45 calendar days from the day you sell your relinquished property. This identification must be in writing and submitted to your QI. You can typically identify up to three properties. In some cases, you may be able to identify more as long as they fall within specific valuation tests.

The 180-day deadline requires you to close on one or more of the identified properties by the 180^th day after you closed on the relinquished property. These two timelines run concurrently, so it’s important to note that if you take the full 45-days to identify your property, you’ll only have an additional 135 days to close.

Tax-Efficient Real Estate Investing

To learn more about the potential tax advantages offered by private real estate investments, download our complimentary ebook, “Tax Advantaged Investing: The Power of Private Real Estate.” Inside, you’ll find information about tax-advantaged income potential, Qualified Opportunity Funds, estate planning using 1031 exchanges, and more.

 

Source: Tax Efficient Growth with 1031 Exchanges

https://www.creconsult.net/market-trends/tax-efficient-growth-with-1031-exchanges/

Just Sold! Former UAW Local No 145 Office Building Montgomery IL

Montgomery, IL September 29th, 2022 – eXp Commercial (NASDAQ: EXPI), the fastest growing national commercial real estate brokerage firm, announced today the sale of a 6,758 SF Office Building located in Montgomery, IL.

The property is located at 1700 Oakton Rd in West Suburban Chicago Montgomery, IL and consists of a free-standing 6,758 SF Office Building/Meeting Hall on a 4.7 acre lot. This surplus property intended for the expansion of the adjacent 152 Unit Multifamily Property Victorian Apartments also sold by Randolph Taylor, was formerly owned and operated by the United Auto Workers Local No 145 in Montgomery. The Buyers of the property will be operating the property as a Church. 

This was an exclusive listing and the transaction was brokered and both Buyer and Seller were represented by Randolph Taylor a Senior Associate and Multifamily Investment Sales Broker with the Chicago-Naperville eXp Commercial office.

Randolph can be contacted at (630) 474-6441  |  rtaylor@creconsult.net  

https://www.creconsult.net/company-news/just-sold-former-uaw-local-no-145-office-building-montgomery-il/

No huge drop-off coming: Multifamily market expected to remain hot into 2023

Renters and investors are still seeking out multifamily space. And the demand for apartment living is showing no signs of slowing, according to Kia Crooms, area vice president of the Midwestern region for King of Prussia, Pennsylvania-based Morgan Properties.

We spoke with Crooms about the enduring strength of the multifamily market and why Morgan Properties is eager to expand its apartment holdings in the Midwest. Here is what she had to say.

Why has demand remained so strong for multifamily properties for so long? What are the factors fueling the long hot streak of this asset class?
Kia Crooms: The economy has certainly helped. There has been excellent job growth in the United States. Wages for individuals continue to rise. People have access to cash. At the same time, the supply chain issues persist. That makes it difficult to build as many new homes as people want. Renting, then, is a great option for people today.

Housing prices are high, too. That is inspiring more people to rent. We are seeing an excellent retention ratio when it comes to lease renewals. Folks are even selling their homes, taking out the cash, and downsizing to apartments and townhomes. They want the lifestyle and the lack of maintenance that comes with renting instead of owning.

What about rising interest rates? What impact is that having on the number of people who want to rent instead of buy?
Crooms: When interest rates are higher, people are more likely to rent. But our investors are still excited about multifamily properties, too. Our investors continue to be excited about different markets, especially when it comes to the Midwest. There are many markets in the Midwest that are always strong.

Morgan Properties has made several recent multifamily acquisitions. We entered the Indianapolis market with a property of more than 2,100 units. We have also recently entered the Chicago suburbs with purchases in Elgin, Palatine, and Schaumburg. We continue to find ways to build our portfolio.

Why make the move to Indianapolis? What attracted you to this market?
Crooms: As an organization, we are oversaturated with properties in the East Coast and Sunbelt regions. Indianapolis was an untapped market for us. We like the growth potential in the Indianapolis area. There are some good meat-and-potatoes properties there when it comes to Class-B assets. There is a Class-B market there that is untapped and in our wheelhouse. We do that section of the market well. We like to buy those properties and add value to them.

–          Morgan Properties’ The Gates of Deer Grove in Palatine, Illinois.

What are renters looking for today from multifamily properties?
Crooms: Coming out of a pandemic, people are now looking to be outside. They are looking for more space. They are looking for everything from outdoor kitchens and grilling spaces to fire pits that they can use in the evenings. They want to really live and gather with family and friends. That’s why we like the Class-B garden-style apartment communities. There are so many value-add opportunities. We can add a lot to the outdoor spaces in these communities.

The way people are living today, things like dog parks have become more essential to folks. They want that off-leash exercise for their furry friends. They want open kitchens outside or splash parks in tandem with swimming pools. Anything that involves spending time with family and friends is important today.

There is no one-size-fits-all list of amenities, though. What works in Michigan might not work in New Jersey.

Speaking of the pandemic, it seems like the multifamily sector held up really well even during the worst days of COVID and that the sector has emerged even stronger today.
Crooms: There were some industries that were hit hard by the pandemic, such as hospitality and retail. We did see some softness when it came to rent collection, but our team members were good at being that expert when it came to helping people source those funds. The government and other agencies offered financial assistance that we could connect people to. There were no off days for our staff during the pandemic. We were there to be of service to the residents.

Today, many renters are staying in place and renewing their leases. Many are doing this because they are nervous about making the move to buying a single-family home with how the interest rates are rising. They might not have the money for a down payment. This all makes multifamily a strong option for people.

Do you plan on acquiring more properties in the Midwest?
Crooms: We do. We are always looking for growth opportunities. Even if we wanted to rest, our investors and employees won’t allow it. It is so lucrative out there now in the multifamily space. We are interested in those value-add opportunities where we can find more meat on the bone by upgrading apartments and townhomes and the amenities in those spaces. That is in our wheelhouse. That is where we win and where we are always looking to expand and grow.

Do you upgrade these Class-B properties enough to turn them into Class-A space?
Crooms: Sometimes that does happen. It depends on the spend and the demographic we are trying to serve. It’s about what the market dictates for a property. We want to make the changes that people want to see, bring in what has been missing from a development. That’s the recipe. We’ve done it over and over, but every property is different. The same amenities don’t work everywhere. We do our due diligence when it comes to the market. We study what people want to see.

The multifamily market has been strong for so long. Do you see demand for apartments, from both renters and investors, continuing to hold steady or rise throughout the rest of this year and into next?
Crooms: We will continue to see strong numbers. Some markets might soften a bit, but I don’t see any huge drop-off happening. The supply chain issues have not been fixed yet when it comes to building new single-family homes. We still don’t have enough housing to get everyone’s heads into beds. Adult children who moved back with their parents will be leaving again to find their own places to live. People are branching out and getting their own apartments and townhomes. One household is now becoming two. Do I see occupancy in the multifamily sector softening a bit? Sure. But I don’t see a huge drop-off. Our occupancy numbers and demand for apartments will both remain high.

 

Source: No huge drop-off coming: Multifamily market expected to remain hot into 2023

https://www.creconsult.net/market-trends/no-huge-drop-off-coming-multifamily-market-expected-to-remain-hot-into-2023/

eXp Commercial Partner O’Connor Focuses on Property Tax Reduction

When asked about the greatest challenges their clients face, real estate agents often mention cash flow and high commercial and residential real estate costs. To provide solutions to these hurdles, the eXp Partners program has partnered with O’Connor, a property tax consulting firm.

 

Through O’Connor, eXp Realty residential and commercial agents can help their clients reduce high costs through property tax reduction, federal tax reduction through cost segregation, and commercial appraisals. O’Connor only charges clients a fee if they successfully reduce their taxes.

eXp real estate agents and their clients have access to the following through eXp Partner O’Connor:

• Residential Property Tax Reduction: O’Connor’s tax consultants provide valuation intelligence and work with the assessor, appraisal review board, and judicial appeal process.
• Commercial Property Tax Reduction: Licensed tax agents help eXp Commercial clients by filing an appeal, reviewing financials, protesting over-assessed property values, and pursuing every legal avenue to lower taxes.
• Federal Tax Reduction: O’Connor helps eXp Commercial clients increase cash flow by reducing taxable income through cost segregation, a tool that allocates property components for federal income tax depreciation calculations.
• Commercial Appraisal: O’Connor’s appraisers gather and analyze data to make informed decisions about real estate values.

To enroll or learn more about services, contact us.

Interested in jump-starting your real estate career? Join Us

 

Source: eXp Commercial Partner O’Connor Focuses on Property Tax Reduction

https://www.creconsult.net/market-trends/exp-commercial-partner-oconnor-focuses-on-property-tax-reduction/

How To Lower Your Taxes As a Real Estate Investor

1031 Exchanges, Delaware Statutory Trusts, Opportunity Zone Funds, and Other Tax Reduction Strategies

When it comes to tax avoidance strategies, most real estate investors are probably familiar with the 1031 “like-kind” exchange, in which an investor can defer a tax liability — capital gains, depreciation, or even state and local income tax and the 3.8% net investment income tax — from the sale of a property by acquiring a similar investment property.

Essentially, this allows you to sell one property and purchase another without paying any taxes, provided you follow basic rules.

For example, one requirement is that you identify the replacement property within 45 days of the sale and conclude the purchase of the replacement property within 180 days of the sale.

Some investors even take the “swap until you drop” approach, whereby they continue to sell properties and acquire new ones without ever paying taxes on the sales.

In addition to the tax deferment benefits, a 1031 exchange gives your heirs a step-up in basis to current market value when you pass away.

For example, imagine that you purchase a property for $500,000, and it is depreciated over 20 years. The property is now valued at $2 million, and you and your spouse pass away. Your heirs would automatically receive a step-up in basis to $2 million, so they can sell the day after you pass away and pay no taxes.

There is one problem with 1031 exchanges for many investors, and that is the current frenetic property investment environment.

While the present market might allow an investor to sell their property at a record high, they will also be in the position of having to pay a steep price for their replacement property.

And with the 45-day clock ticking in the background, many investors may not have adequate time to identify a suitable replacement property. This kind of fevered market can lead investors to make less than sound choices. As my college property and tax professor, Dr. George Earl, once said: “Tax savings don’t make a bad investment decision good. It only makes a good investment decision better.”

The good news is that there are alternatives to the traditional 1031 exchange.

Delaware Statutory Trust

Instead of reinvesting the proceeds of your property sale into another investment property, you could exchange those proceeds into a Delaware Statutory Trust (DST).

A DST is a legally recognized trust that has been established to conduct business. Many DSTs hold institutional-grade properties; in this sense, they are similar to a real estate investment trust (REIT), but they offer investors the option to invest in them as part of a 1031 exchange, which is typically not possible with a REIT.

A DST has several important advantages. Firstly, it eases issues stemming from the time constraints of the 1031 exchange, as it is simpler (and quicker) for investors to identify an appropriate and established DST than a replacement investment property, particularly in the current climate.

Secondly, it enables you to remain invested in real estate as an asset class without the stress and time commitment of being a landlord. It can also be a particularly viable solution for investors whose mortgage exceeds their tax basis in a property.

DSTs generally require a five- to 10-year time commitment. They typically distribute income and potentially offer the opportunity for capital gain (or loss). However, to qualify for a DST, you must be an accredited investor.

Opportunity Zone Funds

Another option that investors should consider is a qualified opportunity zone fund (OZF). An advantage of this strategy is that it allows you to invest just your capital gains and your depreciation recapture. This enables you to sell the property, withdraw your tax-free basis and defer the additional taxable funds. Some (though not all) states are supporting these tax breaks by ensuring the state and local income tax rules are aligned with the federal tax regulations.

By investing in an OZF, you defer your taxes on the eligible capital gains (realized within the last 180 days) until the tax year 2026 (April 15, 2027 filing deadline). If you invest in an OZF before the end of 2021, you will also receive a 10% step-up on a cost basis. Many OZFs also structure a cash-out refinance of approximately 30 – 45% in time to pay your deferred tax bill by April 2027.

As with a DST, OZFs can provide annual income (generally from year four or five through to year 10). Further, if the property is held for 10 years (and one day), it receives a step-up in basis for both appreciation and depreciation. This means that the property could be sold without triggering any capital gains tax liability.

However, similar to a DST, it’s important to conduct due diligence on both the underlying investment and the manager of the fund. OZFs typically represent a 10-year investment structure, and you must be an accredited investor.

Deferred Sales Trust

One lesser-known but potentially beneficial option is a deferred sales trust. With a deferred sales trust, you can sell your highly appreciated assets, including investment properties, primary residences, vacation, and second homes, and defer the capital gains taxes and depreciation recapture taxes — perhaps indefinitely.

In a deferred sales trust, you are not the owner of the trust; you are a promissory note holder against the assets of the trust, and the trust makes payments to you. To effect this, you would sell your investment property to the trust, and the trust, in turn, would sell the property to the end buyer. The proceeds of the sale are paid to the trust at the time of closing on this simultaneous transaction.

One significant advantage of this approach is that an investor doesn’t have to contend with the 45-day time constraint inherent to 1031 exchanges. But there are other attributes to consider.

What if you could use the funds from a sale in 2021 to buy real estate later without having a tax liability? Imagine if you sold a property in 2007, at the peak of the last cycle, and you were able to park the money on the sidelines and then use it to acquire properties in 2010?

There are many different ways to structure a deferred sales trust, and it can even potentially be used in combination with a 1031 exchange or paired with an OZF. The deferred sales trust can be structured to pay just interest payments on your promissory note or principal and interest payments. If you choose principal and interest payments, then you would be responsible for some of your capital gains taxes and depreciation recapture taxes, if applicable.

But most investors that avail themselves of a deferred sales trust structure choose interest-only payments that are taxed as ordinary. This lessens your cash flow from the trust, but it also ameliorates your tax burden by deferring taxes owed on capital gains and depreciation recapture.

Deferred sales trusts are structured to run for 10 years, but they can be easily extended for multiple additional 10-year cycles. It’s worth noting that deferred sales trusts are a bit more complex than some other vehicles or strategies that investors might be considering, and there are carrying costs and trust establishment fees to contend with, as well. But, if you have capital gains that exceed $500,000, this could be a viable option to consider.

Whatever tactics you elect to utilize, the most important thing is to weigh these strategies against your short- and long-term objectives for the property, as well as your overall portfolio.

Tax strategies should be merely one facet of a holistic approach that fosters enduring value for your assets.

 

Source: How To Lower Your Taxes As a Real Estate Investor

https://www.creconsult.net/market-trends/how-to-lower-your-taxes-as-a-real-estate-investor/

Why One Industry Vet Says Now Is The Golden Age Of Multifamily Investment

‘Quite simply, multifamily performs,’ says Capital Square CEO and founder Louis Rogers ahead of GlobeSt’s Multifamily Conference in October

There’s never been a better time to deploy capital into the multifamily asset class, according to one industry veteran, who says now is the “golden age” of multifamily investment. 

 “We are truly in an incredible time,” says Louis Rogers, founder, and chief executive of Capital Square. “It’s easy to raise money for DSTs, REITs, LLCs, and Opportunity Zone funds.  We’re all investing in multifamily because quite simply, multifamily performs.” 

Rogers oversees Capital Square’s Delaware statutory trust programs for investors seeking qualifying replacement property for Section 1031 tax-deferred exchanges and regular (non-exchange) investors. A nationally recognized authority in structuring securities offerings for real estate investments, Rogers will offer his insights on how to raise capital for multifamily investments in a special session on Tuesday, October 25, at GlobeSt’s Multifamily conference in Los Angeles.

 

“Multifamily performance has been off the charts during the pandemic,” Rogers tells GlobeSt.com, noting that Capital Square has seen rent collections hovering between 99% and 100% each month from 2020 to the present. “Performance has been better than ever and better than pro forma.”

That’s particularly been true for markets across the Southeast and the Sun Belt, which have benefited from pandemic-era migration patterns away from gateway cities and companies like Tesla and Amazon laying down HQ stakes in the region, he says.

“So much has happened to make housing popular in the Southeast and Texas, and then you add to that a housing shortage of 4 million units,” he says.  “And the result is that it’s really the golden age to raise money for multifamily investment because this asset class performs phenomenally well – in spite of a global pandemic bringing life to a complete standstill and adversely impacting other asset classes.”

 

Rogers says Capital Square, which is headquartered in Richmond, Va. (“definitely below the radar screen”) likes smaller cities and secondary markets like Richmond, Chattanooga, Virginia Beach, and Jacksonville when it looks for investment targets.

Housing unaffordability is also a piece of the equation, Rogers says, as consumers have likely exhausted their pandemic-era savings, and mortgage rates have increased significantly as prices also skyrocketed.  And that means that more consumers will be looking to rent the nicest home they can afford while they build credit and a down payment toward a property of their own.

When the pandemic hit, Rogers says, “people said prices needed to go down, and they didn’t. They stayed the same.” And after a few interest rate increases, prices cooled a touch – but “the asset is so strong, and the economics so strong, that in spite of a recession, inflation, and a pandemic the rent actually increased while occupancy was near 100%.”

 

Rogers says he expects rent increases to level off but notes that Capital Square “always models” off 3% rent growth, “and we expect we’ll move back toward the mean, which is perfectly fine.” He isn’t worried about rent increases settling into a normal range, he says, because “multifamily does just fine under all circumstances, good and bad.”

“In the Great Financial Crisis, we saw thousands of office buildings that were lost in foreclosure,” he says. “I can’t think of a single apartment community with a normal amount of leverage that was lost. Multifamily offers the perfect scenario: you can lower rent, offer concessions, and stay afloat. You can always adjust.”

“Cap rates are very low,” he says. “And institutional investors are not seeking the highest yields; they seek reliability and stability for the long haul. That’s what you get with multifamily.”

 

Source: Why One Industry Vet Says Now Is The Golden Age Of Multifamily Investment

https://www.creconsult.net/market-trends/why-one-industry-vet-says-now-is-the-golden-age-of-multifamily-investment/

Term Tuesday: Fannie Mae. For commercial real estate investors, #FannieMae #Multifamily #loans may prove to be a feasible way of obtaining lower costing financing. It is one of the largest sources of capital within this market in the U.S. View our Guide to Multifamily Real Estate Loans and obtain quotes from hundreds of lenders from eXp Commercial's National Capital Markets Partner CommLoan. The Largest Commercial Real-Estate Lending Marketplace. https://www.creconsult.net/market-trends/guide-to-commercial-multifamily-real-estate-loans/