GLOSSARY | BANK GUARANTEE | ID CHECKLIST | CALCULATOR
GLOSSARY
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The swap of like-kind real estate or personal property (Relinquished Property) for other like-kind real estate or personal property (Replacement Property) structured pursuant to § 1031 of the Internal Revenue Code to defer payment of capital gains, depreciation recapture, and state taxes. The tax savings is invested in replacement property.
Basis / Adjusted basis
The starting point for determining gain or loss when disposing of a property, it is the initial cost of property (or the basis brought into the property through an exchange) plus capital improvements less depreciation taken. When contemplating an exchange it is wise to confirm basis with your CPA and quantify the potential tax obligation.
Any “consideration” (money, personal property, debt relief) received in an exchange that is not “like kind”
An exchange in which the purchase closes the same day or first business day following the close of the sale
Any control or access to control, whether or not exercised, of exchange proceeds during the exchange
When a loan is paid off at the close of a sale it is called “Debt Relief.” The debt you are relieved of must be replaced in the purchase. Non-replaced debt relief is equally as taxable as cash received and is called “boot.”
An exchange in which there is a period of time between the sale and the purchase of property
If trading to a lower priced property and receiving cash or other non-like-kind consideration in addition to real property, depreciation deductions in excess of straight-line under § 1250 must be recaptured @ 25% (Check with your CPA if exchanging from a depreciable asset into raw land).
A deed from the exchanger directly to the buyer of the property being sold, or a deed from the seller of property being purchased in an exchange directly to the exchanger
EAT/ Exchange Accommodation Titleholder
The facilitating party who holds title to the parked property in a reverse exchange
A period of 180 days following the transfer of the property being sold. The exchange must be completed within the exchange period.
Person(s) or entity that owns the asset (property) being exchanged; also called the taxpayer or client
Is like kind to and can be exchanged for other foreign property. It is non-like kind to domestic property.
The difference between adjusted sale price and adjusted basis.
A period of 45 days following the transfer of the property being sold, a “Letter of Identification” naming potential properties to be purchased must be in the possession of the intermediary within the Identification Period.
Interim financing / Bridge loans
Financing often required during reverse exchanges until an outside buyer can be found for the property being sold
§ 1031 includes a requirement that the intent of the exchanger must be to hold purchased property for “long-term” investment.
Also “Qualified Intermediary” or QI, facilitator, accommodator -- the party facilitating a tax deferred forward or concurrent exchange
In the context of real estate, like kind is any real property located in the United States that is not a personal residence or held for resale. Foreign real property is like kind to other foreign real property. A partnership interest is personal property, therefore not like kind to real property.
Personal property, a personal residence, dealer property (for resale) and foreign property
Purchase price / Adjusted purchase price
For exchange purposes, the gross value of the property purchased is increased by applicable closing costs and referred to as the adjusted purchase price.
QI / Qualified Intermediary
Also known as the accommodator, the facilitator of a tax deferred forward or concurrent exchange
Not a personal residence, not personal property, not dealer property (for resale), and not foreign property
The difference between consideration received from the sale of property and that property’s adjusted basis – but tax is not due on realized gain until it is “recognized”
Realized gain received as boot in an exchange now being taxed
Includes spouses, children, siblings, parents, grandparents, and greater than
50% ownership of a corporation or partnership
Does not include aunts, uncles, cousins, parents-in-law and children-in-law
Property being sold in a tax deferred exchange
Property being purchased in a tax deferred exchange
An exchange structure that allows a client to purchase property before a buyer is found or can complete the purchase of property to be sold as part of an exchange. A warehousing (or parking) arrangement for either the property to be sold (Exchange First) or the property to be purchased (Exchange Last) can be used to allow the purchase of replacement property to occur prior to the sale of relinquished property.
A guideline for safe conduct in a particular aspect of the tax code. If you do this your exchange will not be overturned.
Sale price / Adjusted sale price
For exchange purposes, the gross value of the property sold is reduced by closing costs and commissions and referred to as the adjusted sale price.
The Starker vs. Commissioner Case ruled on by the Ninth Circuit Court of Appeals in 1979 set the precedent for delayed exchanges as we know them today. T.J. Starker sold forest land to Crown Zellerbach who held his sale proceeds for several years while Starker selected replacement property, which Crown Zellerbach then purchased in Starker’s behalf. The term “Starker exchange” is synonymous to “delayed exchange” in which there is a period of time, now not to exceed 180 days, between the sale of relinquished property and the purchase of replacement property.
Often called the “Exchanger” or client, it is the person(s) or entity that owns the asset being exchanged
The way title to property is held, i.e. Zachary T. Evans, a married man as his sole and separate property, or Christine J. Dell, as Trustee of the Dell Family Trust dated July 24, 1994, or Taran B E LLC, a Delaware limited liability company.
