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In order to incur all the benefits of a tenants in common exchange, each exchange must satisfy all of the requirements.

  • First, 100% of the monies earned on the sale of the relinquished rental property must be reinvested into the second rental property.

  • Second, the debt on the like kind replacement rental property must be equal to or greater than the debt held on the relinquished rental property.

  • Third Tax Free 1031 Exchange Requirement: The property owner must use a Qualified intermediary ( tax free 1031 exchange facilitator or tax free 1031 exchange accommodator) to hold the funds from the first sale until purchase of the new rental property is closed. The Qualified Intermediary (QI) acts as the middle-man in the tax free 1031 exchange, providing paperwork, oversight, escrow services, and expertise necessary to ensure that the transaction legally qualifies as a tax free 1031 exchange.

  • Fourth Tax Free 1031 Exchange Requirement: IRS rules require the exchange of like-kind rental property. This does not mean that tax free 1031 exchange rental properties must be of the exact nature as the relinquished tax free 1031 exchange rental property. Any real rental property held for investment or real rental property used in a trade or business can be exchanged in a tax free 1031 exchange for any other real rental property held for investment or used in a trade or business.