Last week, we explained what a reverse 1031 exchange is, and went over some of it's benefits. This week, we'll talk more about the process, costs involved, and risks/considerations of a reverse 1031 exchange.
Steps to Perform a Reverse 1031 Exchange
A reverse 1031 exchange is complicated, so while this will give you a solid overview of the process, it’s best to speak with your investment advisor and chosen Qualified Intermediary and EAT about the specifics of your situation.
- Find a replacement property. Make sure that your contract allows you to transfer the title to your chosen EAT, and let the title company know you’re participating in a reverse 1031 exchange. The replacement property must be equal to or greater in value than the relinquished property.
- Enter into a qualified exchange accommodation agreement. This is a written contract between you and your EAT laying out the terms of them holding title of your replacement property until you sell the relinquished property.
- The EAT acquires the title. Once you arrange financing, the EAT will acquire the title of the replacement property and park it for you.
- Designate the relinquished property. Once your EAT acquires the title of your replacement (now parked) property, you have 45 days to identify up to three properties to sell as the relinquished property. **Optional: Lease the parked property. The EAT can lease you the parked property that they’re holding onto so you can control the property before the reverse 1031 exchange is completed.
- Find a buyer. Within 135 days of identifying your relinquished property, you must find a buyer and enter into contract with them for the property and close that sale.
- Enter into a new agreement with your Qualified Intermediary. This intermediary will transfer the title of the relinquished property to the new buyer and will gain the title to the replacement parked property.
- Hand over the deed to the relinquished property. The Qualified Intermediary will make sure that you give the deed of the relinquished property to the new buyer who will transfer the funds to the Qualified Intermediary. The Qualified Intermediary will use that money to acquire the parked property from your EAT. The EAT may use some of those funds to cover closing costs or other expenses.
- Get your deed. Finally, the EAT will hand the deed of the parked, replacement property to you.
Costs of a Reverse 1031 Exchange
There are several costs to be aware of when performing a reverse 1031 exchange. The EAT must report its ownership of the replacement property to the IRS, which will incur transaction costs. These costs include transfer fees, mortgage taxes, recording fees, lender charges, escrow and title fees, and legal fees, among others. Additionally, there will be an accommodation fee you must pay, which will vary based on the provider, the size and complexity of the exchange, and any other issues involved.
You can expect to pay around $3,500, but it’s best to speak with a Qualified Intermediary about your specific situation to get an exact number.
Risks and Considerations of a Reverse 1031 Exchange
While there are certainly benefits to a reverse 1031 exchange, there is, of course, some risk as well.
You may need to have liquid assets on hand.
If you have liquid assets on hand to purchase the replacement property before selling the relinquished property, then this may not be a worry for you. However, if you don’t, you will need to get a loan for the replacement property. That itself can lead to risk if…
The lender doesn’t approve the loan for your replacement property.
Some lenders will not participate in an exchange in which an EAT will hold the title. It’s best to find this out before you begin the process.
You can’t sell the relinquished property.
If your property is in a slow market or there is little interest, you may not be able to enter into contract and close the sale within 135 days from designation. If this is the case, the exchange will fail.
If you need to make improvements, you need to start right away.
If you already know which property you will designate as the relinquished property and that property needs physical improvements via construction, you need to start right away. There are commonly delays in construction work and if the work goes past the 180th day, the construction manager will apply the percentage complete to your tax deferral.Questions? Contact Dara Keo Today!