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Real Estate Closings and 1031 Exchange - Webinar (Recorded)

  • Webinar

  • 65 Minutes
  • June 2023
  • Lorman Business Center, Inc.
  • ID: 5774627

Learn about the key issues impacting real estate 1031 like-kind exchanges.

This topic covers critical IRS time deadlines in delayed exchanges, like-kind requirements, including creative property variations like easements, transferable development rights, oil/gas/minerals rights, vacation homes held for investment, fractional ownership (DST and TICs), partnership/LLC scenarios (and how to best structure in advance of a 1031 exchange), reverse and improvement exchanges, related party transactions and how to avoid common pitfalls and other 1031 related issues. The information will provide a summary of current developments regarding applicable revenue rulings, PLRs, and other recent IRS guidance on current issues related to 1031 exchanges, including how to help taxpayers owning commercial property in an LLC or partnership plan in advance to help avoid issues at closing if only some of the LLC members or partners want to exchange including the drop and swap, swap and drop, and Partnership Installment Note (PIN) approaches. Finally, this will include a brief overview of what works and what does not when combining Qualified Opportunity Zones with 1031 exchanges.

Learning Objectives

  • You will be able to define which types of real property qualify and do not qualify for a 1031 exchange.
  • You will be able to identify reasons why taxpayers exchange and how a tax-deferred exchange can help taxpayers improve their position in the market.
  • You will be able to describe the interaction between QOZ and 1031.
  • You will be able to discuss how parking arrangements (reverse and improvement exchanges) can help taxpayers in markets with little available inventory at favorable pricing.

Agenda

Understanding the Capital Gain and the Impact of Taxes
  • Depreciation Recapture
  • Federal Capital Gain Taxes
  • Net Investment Income Tax
  • State Taxes
IRC Section 1031 Provision
  • Exceptions
Partnerships/LLCs in a 1031 Exchange
  • Drop and Swap
  • Swap and Drop
  • Court Holdings Case and Other Tax Court Decisions
  • Partnership Installment Note (PIN) Under Section 453
Related Parties
  • Who Is a Related Party
  • Related Party Swaps
  • Selling to a Related Party
  • Buying From a Related Party
  • Buying From a Related Party Who Is Also Exchanging
  • Applicable Related Party PLRs, Revenue Procedures, and Tax Court Decisions
Like-Kind Property
  • What Qualifies and What Does Not Qualify
  • Transferable Development Rights
  • Water Rights
  • Easements
  • Energy (Oil, Gas, Minerals)
  • Vacation Homes and Revenue Procedure 2008-16
  • Delaware Statutory Trusts (DSTs)
Exchange Variations
The Delayed Exchange Process
  • Identification Time Deadline
  • Exchange Period Time Deadline
  • Identification Rules
  • How to Properly Identify Property
  • G(6) Restrictions in a Delayed Exchange
  • What Not to Do in a Delayed Exchange
Parking Arrangements
  • Revenue Procedure 2000-37
  • Reverse Exchanges
  • Improvement Exchanges
  • Reverse Improvement Exchanges
  • Qualified Opportunity Zones and 1031 Exchanges
Qualified Intermediary Due Diligence

Speakers

  • Scott R. Saunders
  • Scott R. Saunders,
    Asset Preservation Inc.


    • Senior vice president with Asset Preservation, Inc. (API), a subsidiary of Stewart Information Services Corporation (NYSE: STC)
    • Extensive background in Internal Revenue Code §1031 tax deferred exchanges, having been involved in structuring thousands and thousands of §1031 exchanges during his thirty years in the exchange industry
    • Dedicates a significant portion of his time presenting classes on intermediate and advanced §1031 exchange strategies to accountants, attorneys, financial advisors, real estate brokers and principals nationwide
    • Has spoken at the annual National Bar Association Conference, National Society of Accountants (NSA) Annual Conference, National Association of Realtors® Annual Conference, GMAC Real, Estate’s Annual Convention, Annual Conference for the American Society of Cost Segregation Professionals, Building Owners and Management Association International (BO-MA) Annual Conference, American Land Title Association (ALTA), Institute of Real Estate Management (IREM), Colorado Society of Certified Public Accountants Annual Convention, Colorado Association of Realtors Annual State Convention, Ohio Bar Association, the Certified Commercial Investment Member (CCIM) and Institute of Real Estate Management (IREM) Success Series, American Academy of Attorney-CPAs, Tenant-in-Common Association (TICA), the University of Denver and Washington D.C. Bar Association and many other state and local financial, real estate, accounting and legal associations
    • In addition, he has been a regular presenter of 8-hour C.L.E. and C.P.E. approved classes on advanced §1031 exchange issues to accountants, attorneys, commercial developers and CFO’s arranged by Lorman Education and the National Business Institute
    • Regularly provides webinars for continuing education credit on §1031 exchanges for many organizations including the CPA Leadership Institute and CPAAcademy.org
    • In addition to being an accredited speaker in numerous states, he was a contributing author to the book Real Estate Exchanges: Using the Tax Deferred Exchange in Real Estate Investment Management and has been featured in The Wall Street Journal, CNBC, Forbes Real Estate Investor and U.S. News and World Report
    • He has written over 180 articles on various aspects of §1031 exchanges, capital gain taxation and investment real estate
    • Business Economics degree, University of California at Santa Barbara
    • Can be contacted at 888-531-1031 or scott@apiexchange.com

Who Should Attend

This live webinar is designed for attorneys, paralegals, loan officers, presidents, vice presidents, owners, accountants, CFOs, controllers, closing specialists, real estate agents and brokers, business owners, and managers.