What the 1031 Exchange Means for Commercial Investors

Whether you’re a commercial or residential investor, anyone looking to keep the most possible profits from real estate investing should understand a little IRS-approved gambit called the 1031 exchange. In theory it’s simple: defer taxes paid on capital gains when you sell a property by immediately rolling the proceeds into the purchase of another property.

Changes in the capital gains tax structure and rates will affect investment property income for investors on both sides of the wealth divide. Although the tax rate rose only for those on the high end of that divide, anyone seeing capital gain income from investments will pay some capital gains taxes. But an old tax code provision, the 1031 exchange, may offer a way to sidestep capital gains taxation.

According to the American Taxpayer Relief Act of 2012, the top rate for capital gains taxation is now 20 percent, affecting single taxpayers earning over $400,000 annually, or married couples earning over $450,000. For the bottom two tax brackets, the capital gains tax doesn’t apply. But for those on the downside of this cutoff, earning less than $400,000 a year but more than $70,000, the capital gains rate remains the same – 15 percent.

What constitutes the capital gains tax? When investment property is sold, the profit received from the sale is taxable as a capital gain. This includes recapture of depreciation on the property, which is now taxed at a rate of 25 percent, applicable state taxes, and the Federal tax rate imposed according to income. Federal capital gain rates include the higher rate for those on the far side of the $400,000 line, as well as the “Medicare Tax” that imposes a 3.8 percent surcharge on passive investments for those in that higher bracket.

Because of these changes to the capital gains structures, an old solution is attracting new attention. Under the terms of a 1031 exchange – a tax loophole dating back to 1921, — it’s possible to conduct property transactions in a way that defers taxes and sidesteps the capital gains liability in the current tax year.

The key word in the 1031 exchange strategy is exchange – one property can be exchanged for another of “like kind” within a short, highly specific period of time. Since the transaction functions as a swap of assets, not a sale, it isn’t considered taxable, although any cash that changes hands can be taxed.

A number of rules govern the 1031 exchange process. One key stipulation requires that the proceeds from the transaction must go through the hands of a qualified, third party intermediary in order to avoid taxation – not directly from seller to buyer, or through any agents directly representing them.

Another rule of the exchange process states that the property acquired in an exchange must be subject to an equal or greater level of debt than the original one. Otherwise the buyer must pay taxes on the amount of the decrease. And the timelines for conducting the transaction must be strictly observed.

1031 exchanges aren’t for everyone. But for investors in those higher brackets following Jason Hartman’s strategies for investing success, this old provision may be the new solution to keeping more of the income in income property.

The Commercial Investing Center Team


CI 34 – High Occupancy Rates with Military Tenants

Jason Hartman hosts a two-part show where we start with some reflections on the recent “Meet The Masters of Income Property Investing” event at The Hyatt Regency in Irvine, California. Investment Counselors, Ari and Sara join Jason as they discuss the following:

1)   Establish 5 year plan for where you would like to be in 2016

2)   26-27% real unemployment rate

3)   Decline of standard of living for America (ask tenants)

4)   Which entry point are you?

a. Beginning Investor – Optimize rapid growth that can be re-invested for long term compounding
b. Growing Investor – Optimize for stable long term (inflation protected)
c. The short path to retirement – Optimize for low risk and high stability
5) Prime age for spending is 46 years old

6) Gen X is 40 million

7) Gen Y is 80 million people (early 20’s now)

8) New investors should seek returns in the 20-25% range

9) The big problem now is that people are running out of money before they die

10) Social Security will not work (look at Greece). People are living longer too now.

11) Young Investor

a. Huge impact on higher returns early in your investing career (bell curve)
b. New Investors also have the opportunity to cherry pick high return small deals to start their career
12) Investing $1,000 annually (9k) from age 21-30 and letting it compound, or $1,000 per year after 30 years old (35k). Early investor will win.

13) Invest while young and seek safer investments when older.

14) The growing investor

a. Stability matters
b. Inflation creates volatility by disconnecting the nominal (name only) value or real value of assets
c. Income properties are best positioned to create inflation protected, stable growth
15) Investors need to leverage and make debt work for them (redistribute wealth)

CI 33 – Getting Rid Of A Bad Property and Lawyers Are Liars

Jason explores some ways to get out of a bad property then he interviews author/attorney Mark Kohler about his book “Lawyers Are Liars: The Truth About Protecting Our Assets.” Mark is an attorney, CPA and entrepreneur who has owned numerous businesses since high school, through college and even as a professional. Mark’s principal career has been as a partner in the law firm Kyler, Kohler, Ostermiller, & Sorensen, LLP. He specializes in the areas of business, estate and tax planning. Mark owns several commercial real estate projects and loves the people, transactions, and everything to do with real estate. You will be pleasantly surprised at how exciting and interesting a discussion regarding tax and legal planning can be. Jason and Mark will distill complex legal and tax strategies to common layperson terms, adding interesting stories and anecdotes.

Some lawyers, and others who are not lawyers, use fear tactics to sell the unsuspecting public various asset protection structures or strategies that are outright lies. Until now, no other professional has been willing to call out the frauds and cheats in this powerful industry where self-professed experts and do-it-yourself hacks wreak havoc on the innocent just wanting to protect their assets. This episode we will expose the liars. Undoubtedly, this book will become a desktop resource for not only the average middle income American wanting to protect his or her assets, but attorneys, estate planners and financial professionals guiding their clients through this complex area of the law. Learn the best kept secrets in asset protection planning, learn the truth about Nevada corporations, off-shore planning, land trusts and all of the so called silver bullet strategies! Mark and many other great speakers will be presenting at “The Masters Weekend: A Gathering of Experts”.

CIS 31 – An Action Plan for Mobile Home Wealth

Join Jason Hartman as he interviews Stu Silver, The Mobile Home Man, regarding his mobile home and mobile home park investing strategies.  Learn the do’s and don’ts about investing, how to protect yourself from being taken advantage of, to know when you’re getting a good deal, and even how to inspect your mobile home to make sure you don’t find any unwanted surprises.  Stu says there are over eight million mobile home parks in the United States and you can get a good deal on a mobile home, or even possibly get one for free.  Stu’s first rule of investing is, “Protect yourself at all times!”  For more details, listen at www.commercialinvestingcenter.com.

Stu Silver has been investing in real estate for 30 years and has specialized in mobile homes for the last 18 years.  He is known as The Mobile Home Man or Uncle Zally, and has authored three books (under the penname Zalman Velvel), Mobile Home Wealth, Mobile Home Wealth Part 2, and How to Get a Good Deal on a Mobile Home or Even Get One For Free!. He also features his Mobile Home Wealth Systems on CD’s and does live Mobile Home and Real Estate Training.  Additionally, Stu writes a mobile home blog called “Kangaroo Kronicles.”  He holds the CCIM designation and is a licensed real estate broker, mortgage broker, auctioneer, mobile home dealer, and former real estate appraiser.  He has trained more than 5,000 people in real estate investing in his 3-day bootcamps and live on the internet.

CI 30 – “The Longevity Project” with Howard S Friedman

Do you want to know the secrets of living longer?  Join Jason Hartman on this episode of Holistic Survival as he interviews Leslie Martin, Ph.D. and Howard Friedman, Ph.D., authors of “The Longevity Project.”  Find out who lives longest and why.  The answers may surprise you! Visit: http://CommercialInvestingCenter.com.

HOWARD S. FRIEDMAN is Distinguished Professor at the University of California in Riverside. LESLIE R. MARTIN is Professor of Psychology at La Sierra University, and Research Psychologist at UC Riverside. They met when Leslie began graduate study in 1991 at UC Riverside, where she became a key and continuing associate in Howard’s then-launching lifespan longevity studies. Here are some facts about their work, their interests, and their qualifications.

Their scientific research on health and longevity has been published in over 150 influential and often-cited scientific articles and chapters in leading books and scientific journals. In addition, Professor Friedman has authored or edited ten academic books about health and one prior trade book, The Self-Healing Personality. His textbook on Personality is now in its 5th edition. He served as Editor-in-chief of the Encyclopedia of Mental Health, which received recognition as a “Best Reference Source of 1998” from Library Journal. His edited book, Foundations of Health Psychology was named a CHOICE Magazine Outstanding Academic Title. Professor Martin’s books include Health Behavior Change And Treatment Adherence, and a textbook in health psychology.  Leslie and Howard have spent 20 years collaborating on the research described in The Longevity Project.  The study tracks the loves and lives of 1,500 Americans from childhood to death.

Putting the research findings into practice, Leslie is passionate about adventure travel that stretches her past achievements. She climbed Kilimanjaro (to the summit), and she recently completed the Marathon des Sables. This ultra-marathon is a 151-mile self-sustaining endurance race across the Moroccan Sahara, in which runners must carry all food and clothing for the entire marathon (in their backpacks). (See picture.) Always interested in a challenge, in her early 30’s Leslie became a champion for her age group in high-jumping. When she is not in the lab or writing about health, she is planning which mountains she will next climb.
Less extreme in his physical adventures, Howard prefers swimming, hiking, and cultural travel. In addition to his research and teaching, he writes every day, including a “My Turn” column published in Newsweek, and a new blog.

Dr. Friedman is the recipient of two major career awards for his health psychology research. In 1999, he received the Outstanding Contributions to Health Psychology Award from the American Psychological Association; and in 2008, he was honored with the James McKeen Cattell Fellow Award from the Association for Psychological Science (APS), an international award and the most prestigious in his field of applied research. See: http://www.psychologicalscience.org/awards/cattell/citations/friedman.cfm

A graduate of Yale University (magna cum laude with Honors in psychology), Dr. Friedman was awarded a National Science Foundation graduate fellowship for his doctoral study at Harvard University. He is a thrice-elected Fellow of the American Psychological Association (in Personality and Social Psychology, Health Psychology, and in Media Psychology) and an elected Fellow of the American Association for the Advancement of Science (AAAS) and the Society of Behavioral Medicine.

Dr. Martin graduated summa cum laude from the California State University and received her Ph.D. from the University of California in Riverside. She has received the Distinguished Researcher Award, and the Anderson Award for Excellence in Teaching, both at La Sierra University. Former department chair, Dr. Martin has also received awards for outstanding advising and for service learning. In addition to her research on pathways to health and longevity, she studies physician-patient communication and its relationship to medical outcomes and has lectured widely on these topics.

CI 29 – Mobile Home Millions

Jason welcomes his friend and mobile home investing guru, Corey, to this episode of The Commercial Investing Show. Visit: http://CommercialInvestingCenter.com. Adding another entry to our favorite success stories, Corey started his real estate investing career in 1993 by selling his jet ski to raise enough money for a down payment on his first deal. Since then, he went on to build a sizable portfolio of real estate, including apartments, single family homes, self-storage facilities and mobile home parks. Over the past several years he has focused primarily on mobile home parks and self-storage facilities. Corey regularly shares his expert knowledge and enthusiasm for the industry at real estate clubs, national seminars and universities about investing in his favorite avenues of real estate investing: mobile homes, mobile home parks and self-storage units.

CI 27 – ROTH IRA Changes – Bypass Tough Lending Regulations – Invest in Real Estate Using Your IRA / 401k

The lending regulations have changed drastically within the past two years, causing investors quite a head ache when attempting to buy America’s most tax-favored investment, income properties. With a self-directed IRA or real estate IRA you can be in control by investing your retirement funds when, where, and how you want.

On this episode of The Commercial Investing Show Jason talks with Jennifer Williams, an expert from The Entrust Group about the current investing opportunities with your IRA and 401k. Don’t miss the latest Roth IRA conversion changes and cutting-edge strategies to invest in real estate!

CI 25 – Self Storage Investing

Jason talks with Scott Meyers, CSSM©, the nation’s one and only self storage millionaire maker. Scott’s company focuses solely on buying and selling self storage facilities, that’s it. At the present time, he owns and operates several facilities throughout Central Indiana. Listen in at: http://commercialinvestingcenter.com/category/podcast/. As a leading self storage educator, he travels the country revealing why self storage has become the hottest sector in commercial real estate over the past 30 years.  Practically every real estate investor and entrepreneur has uttered the words “I’ve always wondered about self storage, I’ve heard those things were cash cows.”  As a result of his research and 16 years experience, he’ll reveal the top 10 reasons to invest in self storage and how built a $10,700 positive monthly cash flow his first year in one of the best kept secrets in real estate: self storage! You will learn the following:

The endless opportunities available in the over 60,000 facilities nationwide
The two reasons why demand is projected to skyrocket in the next 10 years
Why self storage facilities are “cash cows” and why they have outperformed many other investments