Steven Hickox
On Aug. 10, 2016, the United States Tax Court issued an opinion in the case of George H. Bartell et al., v. Commission of Internal Revenue, 14 T.C. No. 5. This case may prove to be the most momentous tax authority dealing with 1031 exchanges in the last 20 years ...
Debt Financing and 1031 Exchanges
The fundamental rule of all 1031 exchanges is: In order to defer all income tax liability, you must trade: 1. equal or up in value (minus direct selling costs) and 2. equal or up in equity. The IRS reasoning behind this rule is that you, as seller, usually receive two benefits ...
1031 Exchange, named after Section 1031 of the Internal Revenue Code, allows a real estate investor to defer (postpone) tax liability when selling one property and buying another. This raises an important question: How much income tax will I owe if I sell this property but do not acquire a ...
Combining Ownership with a Tenant-in-Common Agreement
Breaking Up is Not So Hard to Do, When Combining Ownership of Property as a Single-Member LLC with a Tenant-in-Common Agreement Limited liability companies are young creatures recently created by state statutes. By contrast, the law of tenants in common is centuries old, with much of it dating back to ...
A 'Reverse' 1031 Exchange Requires Financial Strength, No Matter Which Route You Choose In a forward 1031 Exchange, the relinquished property is sold first, followed by the purchase of the replacement property. The proceeds from the sale of the relinquished property go toward the down payment or purchase price of ...
