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1031 Exchanges Explained

1031 Exchanges Explained

What is a 1031 Exchange?

A 1031 Exchange allows you to defer the taxes from a commercial property sale by reinvesting the proceeds from the sale in “like-kind” property, within the specified time frames, potentially saving you tens of thousands of dollars.

There are two critical deadlines that must be met.

Deadline #1: The 45-Day Property Identification Period

Within 45 days of the sale of your property, you MUST:

  • Identify a replacement property in writing to an intermediary, specifying the property you want to acquire.
    • You can identify three potential properties for the exchange as long as you eventually close on at least one of them.
      • The identification of the property must be specific and not ambiguous.
    • As an alternative, the 200% rule allows you to designate more than three properties, which may add up to a maximum of 200% of the exchange value.
  • The proceeds from the sale of the property must be held by a qualified intermediary, also known as an exchange accommodator.
    • To avoid taxes, the total value of the replacement property or properties must be equal to or greater than the relinquished property.  

Deadline #2: The 180-Day Exchange Period

  • You MUST close on the new property or properties within 180 days of the sale of the old or relinquished property.
  • The countdown on both deadlines begins simultaneously when the sale of your property closes.
  • There’s no limit to the number of times you can do an exchange so you only have to pay taxes on the final sale for which you want to realize or cash-out on the gains.

If your debt decreases in the exchange, the difference is treated as income–sometimes called boot–and is taxable as is any cash you may have left over after the exchange

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NOTE: 1031 Exchanges can only be executed with investment and business property, not primary residences.

Q&A

  • What is a like-kind property?  

According to the IRS, properties are of like-kind if they’re of the same nature or character, even if they differ in grade or quality. Real properties generally are of like-kind, regardless of whether they’re improved or unimproved.

 

  • How do I find a like-kind property within 45 days?

This can be tricky, which is why it is recommended that you work with a broker who has expertise in both the type of properties you are looking for and 1031 Exchanges

 

  • Why is broker expertise important?

There are thousands of properties listed, many expired or no longer available. Some have encumbrances or other issues that could delay the process impacting your ability to close or your timeline, or both, not to mention the hours of your own time you’ll have to put in to do the research.  An experienced broker can take all of that stress off your plate and provide you with a fully researched list of viable properties that meet or exceed your criteria.

All real estate investments carry risks. Nothing in this post shall be construed as tax or investment advice. A buyer and their tax, financial, legal, and construction advisors should conduct a careful, independent investigation of any property to determine to your satisfaction the suitability of the property for your needs.

#NetLeasePro #NNN #CRE #Retail #1031-Exchanges#NetLease #CREInvesting #STNL #BarryWolfe

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Sale-Leasebacks Explained

What are sale-leasebacks?

If you’re a commercial property owner and are looking to expand your business, a sale-leaseback may be an option for you.  A sale-leaseback is when a property owner, who is also an operator, sells their property but continues to operate it by leasing back the property from the new owner.

A sale-leaseback arrangement is useful when a property owner needs or wants to gain access to cash, or wants to divest from a property but maintain the existing operation on the site. The sale-leaseback option will allow the property owner to access the equity in their property and reinvest the funds in the business. The lease agreement is executed at the same time as the sale. The seller of the property becomes the tenant while the buyer becomes the landlord.

SELLER BENEFITS

The transaction allows the business and property owner to increase their liquidity while reducing their debt. In addition, the immediate access to capital allows sellers to:

  • Add additional units
  • Upgrade equipment
  • Invest in marketing, new team members, inventory, etc.
  • Pay off business debt

Plus, the Seller/Operator:

  • Can write off the entire lease payment instead of just the interest on the mortgage
  • Is able to remain in the same location without incurring moving costs
  • Can improve their income statement and balance sheet
    • For example, if the property is sold any existing loan will be removed from the balance sheet
    • Interest and depreciation are also removed from the property owner’s financials
  • Can benefit from a lower cost of funds than debt financing through off-balance sheet financing
    • Since sale-leaseback investors get the tax benefits of owning and depreciating the property, the seller can often be successful in obtaining a lower cost for capital than the cost for debt.

Seller Benefits & Opportunities Snapshot

  • Access to capital
  • Liquidity
  • Stronger balance sheet
  • Tax benefits
  • Lower cost of capital
  • Opportunity to grow your business
  • Reinvest in your business

BUYER BENEFITS

Buyer Benefits & Opportunities

  • The buyer and the seller have the unique opportunity to negotiate the lease with terms that meet their specific needs from the rental rate to a division in management responsibilities
  • The buyer can ask for the opportunity to review the tenant’s financials to gauge their financial health and stability. In the majority of lease agreements already in place at the time of the purchase of a property, the buyer has less negotiating power to request access to financials.
  • The property is already improved to meet the needs of the tenant

Attention Restaurant Owners:

Listen to my conversation with Jim White of Katz Sapper & Miller on how restaurant owners, who also own their properties, can benefit from sale-leasebacks.
This Episode: ‘Grow Your Restaurant’ Podcast with Barry Wolfe of Marcus & Millichap

All real estate investments carry risks. Nothing in this post shall be construed as tax or investment advice. A buyer and their tax, financial, legal, and construction advisors should conduct a careful, independent investigation of any property to determine to your satisfaction the suitability of the property for your needs.

#NetLeasePro #NNN #CRE #Retail #Sale-Leaseback#NetLease #CREInvesting #STNL #BarryWolfe

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The Time/Money/Risk Benefits of Triple Net Leases

The Time/Money/Risk Benefits of Triple Net Leases

 

Investors will often hear that there are many benefits to triple net leases but for those who may be exchanging from multi-family, land, or manufactured home parks—or new investors that may have inherited property—the benefits of the triple-net, may not be clear.

A net lease is a type of commercial lease between a tenant and property owner.  The three most common types of net leases are:

  • Single Net Lease: Tenant pays Rent + Taxes
  • Double Net Lease: Tenant pays Rent + Taxes + Insurance
  • Triple Net Lease: Tenant pays Rent + Taxes + Insurance + Maintenance/Operating Expenses

For the purposes of this article we will conduct a Time/Money/Risk analysis on the triple net lease, which is where, in addition to paying the rent, the tenant-–and not the landlord–-is responsible for paying some or all of the building’s operating expenses such as insurance, taxes, maintenance, repairs, and utilities.

TIME:

Freedom

  • The triple net lease, whether on a single-tenant or multi-tenant property, affords the property owner the most freedom in terms of time and flexibility thanks to its hands-off management structure.

Hands-Off Management

  • With NNN properties, landlords can avoid the typical property management obligations and hassles to enjoy more time to dedicate to things they prefer to do. As noted earlier, in a triple net lease, also known as NNN, the tenant pays for and manages all of the building’s operating expenses, real estate taxes, insurance, and maintenance, freeing the property owner from the responsibility and hassle.

Assets That Hold & Grow Value

  • Triple net lease properties often attract corporate-backed credit tenants. Long-term leases with credit tenants allow your investment to grow and weather economic cycles.

 

MONEY:

Steady & Predictable Passive Income

  • Triple net properties allow property owners to receive a steady and predictable stream of income from a reliable source every month with minimal management and attention.

Reliable Source of Income

  • Single-tenant net-leased properties attract an array of corporate-backed credit tenants that provide greater long-term reliability.

Owner-Friendly Leases

  • Triple net leases often have built-in increases that offer opportunities for better planning for both the tenant and landlord, and provide a hedge against long-term inflation risk. In addition, they also often have options to extend in five or 10-year increments.

Defer Taxes at the Time of the Sale

  • When a property owner is ready to sell, 1031 Exchanges allow them to defer the capital gains on the property

 

RISK:

Less Risk

  • Triple net-leased properties tend to offer less risk than other commercial real estate investments that have tenants with non-investment grade credit profiles, although no investment is risk-free.

Longer Leases / More Stability

  • Triple net-leased properties have longer-term leases that provide greater stability and reduce risk and worry.

 

Ready to invest in a triple net property? Contact us at: 954-245-3416.

 

Learn more about NNN and single-tenant net-leased properties. Watch our video

 

 

All real estate investments carry risks. Nothing in this post shall be construed as tax or investment advice. A buyer and their tax, financial, legal, and construction advisors should conduct a careful, independent investigation of any property to determine to your satisfaction the suitability of the property for your needs.

#NetLeasePro #NNN #CRE #Retail #Single-Tenant #NetLease #CREInvesting #STNL #BarryWolfe

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