Go Ahead, Ask RNCN

One of the most common questions we get from our podcast listeners, especially in today’s crazy, fast-paced real estate market, is what type of investment real estate should I buy? Should I buy single-family residential properties (SFR), multi-family residential apartment properties (MFR), or some type of commercial real estate such as office, retail, industrial, etc? If I sell unimproved vacant land, what can I reinvest in? Should I invest in active management or go with passive management investment real estate such as net lease properties, syndicated tenant-in-common properties (TICs) or Delaware Statutory Trusts (DSTs)? We’ll unravel this mystery in this episode of Go Ahead, ASK! Podcast.

Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode.

This is the 100th year anniversary of the 1031 Tax Deferred Exchange. Investors have been able to sell real estate held for rental, investment, or business use and defer the payment of Federal and most state taxes by reinvesting in other real estate also held for rental, investment, or business use for 100 years.

Retirement account investors have been able to use their Self-Directed IRAs and Individual 401(k) Plans to invest in non-traditional assets, often called “alternative investments” since 1974. This includes real estate and real estate related assets, including various regulated investment options that require the investor to be an “accredited investor.” Real estate related assets can include real estate, promissory notes secured by deeds of trust or mortgages, tax lien certificates, limited partnerships, limited liability companies, and more.

The “Build Back Better Act” (2021) continues to be advanced by the House Committee on Ways & Means, which may have a significant impact on your ability to use 1031 Exchanges, Self-Directed IRAs, and Individual 401(k) Plans. We’re Unravel the Mystery of the Proposed Tax Policy Changes Affecting 1031 Exchanges, Self-Directed IRAs, and Individual 401(k) Plans.

Email your 1031 Exchange, Self-Directed IRA, and/or Individual 401(k) Plan questions to ASK@exeterco.com and we’ll address them in our next episode.

Our title always leads off with unraveling the mystery of because there is so much confusion and complication in the 1031 exchange industry. Today we discuss two of the most important issues involved in a 1031 Exchange. The Qualified Use Property requirement and the Like-Kind Property requirement. Your relinquished property and your replacement property must satisfy the Qualified Use and Like-Kind Property requirements to qualify for tax-deferred exchange treatment under Section 1031 of the Internal Revenue Code. Do you really have the intent to hold your relinquished property and replacement property for rental, investment or business use purposes? Do you need to hold the relinquished property and/or the replacement property for at least one year, or one year and one day, or two years? Let’s unravel this mystery today on Go Ahead, ASK! Podcast.

Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode.

Most 1031 Exchange Qualified Intermediaries have NO government or regulatory oversight. The industry just does not have a regulatory body that is authorized to oversee, license or regulate 1031 Exchange Qualified Intermediaries. Selecting a Qualified Intermediary for your 1031 Exchange transaction is complex and confusing. Qualified Intermediaries are not created equal. We demystify the due diligence needed for the careful selection of a 1031 Exchange Qualified Intermediary. Discussion includes a breakdown of the role of the Qualified Intermediary, identifying and evaluating the risks of using a Qualified Intermediary, technical issues, their internal policies, procedures and audit controls, the use of separated, segregated Qualified Trust Accounts, investment and safeguarding of client 1031 Exchange funds, errors and omissions insurance, fidelity bond coverage, financial institution insurance bond, suggested due diligence questions, and possible avenues to become licensed and regulated?

Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode.

Self-Directed Traditional IRAs have existed since 1974 when the Employee Retirement Income Security Acts of 1974 (“ERISA”) was enacted. Self-Directed Roth IRAs came later in 1997 when Senator William Roth introduced legislation to create the Roth IRA as part of the Taxpayer Relief Act of 1997. Retirement account investors have been able to use their Self-Directed IRAs and Individual 401(k) Plans to invest in non-traditional assets, often called “alternative investments,” including various regulated investment options that require the investor to be an “accredited investor.” The “Build Back Better Act” has been advanced by the House Committee on Ways & Means, which will prevent retirement account investors from investing in these regulated non-traditional assets and require those who have already invested in these assets to divest themselves of these assets within two (2) years if the investments require the retirement account investor to be accredited, licensed, etc.

Email your Self-Directed IRAs and Individual 401(k) Plans questions to ASK@exeterco.com and we’ll address them in our next episode.

The definition of “like-kind” replacement properties for 1031 Exchange transactions includes many more investment options or asset classes than investors realize. Like-kind property simply means you must sell real estate and then reinvest in real estate. Any type of asset class that is considered to be real property will qualify as like-kind property, including asset classes like water rights, air rights, mineral rights and oil and gas interests. Today we unravel the mystery of buying and investing in minerals and oil and gas interests as replacement property solutions for 1031 Exchange transactions as well as Self-Directed IRAs and Individual 401(k) Plans. Email your 1031 Exchange or Self-Directed IRA and Individual 401(k) Plan questions to ASK@exeterco.com and we’ll address them in our next episode.