Archive for April, 2010
4 Money-Saving Tips For Every Homeowner
Losing weight. Finding a new job. Spending more time with the family. A new year means setting new goals. Why not make saving money one of them?
If you’re a homeowner, there are many ways you can cut costs and still live comfortably. The following tips will help lead you to financial success.
* First, set a budget. Figure out exactly how much you spend on the upkeep of your home. Compare each month’s expenses with the previous month’s to get a better idea of how much to budget for each necessity. Then, see what costs you can cut. Once you set a budget, stick to it.
* Save energy. You might be losing a substantial amount of energy dollars during the winter and summer because of air leaks. By caulking, sealing and weather-stripping all cracks and openings, you can save 10 percent or more on your energy bill.
Also, look into replacing older appliances with newer, more energy-efficient alternatives. Your light bulbs can make a difference, too. Fluorescent bulbs are four times more energy efficient than incandescent bulbs.
* Refinance. Shop around to see if you can replace your existing home loan with one that has a lower interest rate. You can easily save hundreds of dollars each month by refinancing your home.
* Purchase a home warranty. Most homeowners don’t account for possible repairs in their annual budget. There is a 68 percent likelihood of a home system or appliance failure in a given year. The average replacement cost of one of these systems or appliances is $1,085. A home warranty is your best defense against unexpected and costly repairs to your home’s appliances and mechanical systems.
The American Home Shield Home Warranty, for example, ensures you get the best possible service through the company’s network of pre-screened technicians. The minute something breaks down, you can contact American Home Shield and a local service technician will schedule an appointment that fits your schedule. The warranty covers a multitude of household systems and appliances, regardless of age.
The American Home Shield Home Warranty is a one-year contract that requires no home inspection to enroll. Several affordable plans are available to fit every budget.
Tags: Air Leaks, American Home Shield, American Home Shield Home Warranty, Best Possible Service, Budget Figure, Costly Repairs, Energy Bill, Energy Dollars, Existing Home, Financial Success, Finding A New Job, Household Systems, Incandescent Bulbs, Light Bulbs, Local Service, Mechanical Systems, Money Saving Tips, New Goals, Saving Money, Service Technician
Best interest rate
These days it seems that all of us use some sort of bank; most often we will have a savings account along with our checking account.
Mostly we have good intentions of leaving the money in the account to draw the interest we intended when the account was opened and gain profits, but if youre like most of us, for one reason or another by the time the interest is to be paid, most of the money is gone by then.
Of course we had every intention of this not being the case but it does happen to most of us. Now how can we break this habit? First never obtain an ATM card on a savings account, and if you do, leave it at home when you go shopping or any thing else for that matter. A savings account after all is for your future and the purpose is to save money.
Lets talk about interest rates. They can vary from bank to bank so you might want to check with different banks in your area before opening an account. If you have any credit unions in your neighbourhood are sure to check with them. Most often if you join the credit union, the interest rates will be higher than that of most banks. And, if you have reached that golden age many of the credit unions will have special benefits for you.
Once youre in the habit of leaving your money in the account, you will be amazed by how fast it will grow. After awhile you might want to consider transferring your money to an even higher interest paying account such as a money market savings account. After all its your money and the reason you have it in the bank is to make as much money as you can in interest.
Once you have reached a higher level of savings there are many high interest paying accounts you can invest your money in. Most require a minimum amount to be invested, and some start at $4,000.00 and go up from there. But, unless you have a better plan in mind this is a safe and sure way to build that fortune you have always wanted. It is not certain that all investments will work. But, if a person is frugal with his or her money and able to successfully save it, in time more and more investments will prove successful and pay off.
If this basic plan is conducted in only three or four short years there will be a collective pool of money that can be used for other areas of your life or to re invest and increase your moneys. Once you have an account established it can be handled online in most cases.
There are many benefits to online banking. One is the amount of time you will save; another is the comfort of not having to stand in a queue for hours. Of course you will need direct deposit to gain the most from online banking. If you have never tried banking this way I think you will be surprised by how much time and energy you do save. After all, if youre like most of us, there are not enough hours in the day to do the other things we like to do. But, hopefully that savings account will bring you one step closer to your dreams.
Tags: Atm Card, Banks, Best Interest, Checking Account, Credit Unions, Fortune, Good Intentions, Habit, High Interest, Intention, Interest Rate, Interest Rates, Investments, Money Market Savings, Much Money, Neighbourhood, Profits, Shopping
Boost your savings
It is general knowledge that residents of the United Kingdom are typically not savers. They tend to spend much more than they save; according to studies, saving money is not as popular as it once was. Saving is extremely important to the quality of life you expect to live in the future. Think about it, what would happen if your car suddenly quit working? What would you do if the heater or refrigerator within your home just decided to give up one day? Imagine a situation where an emergency occurred and you had to travel immediately for some reason, what would you do?
Saving your money within an account can be an excellent source of immediate funds for an unexpected emergency. It makes a great deal of sense to simply put away money into an interest bearing account for these types of events, instead of having to take out a loan or bill a credit card for them. If you do either of these things will result in more debt and higher interest payments. Many experts believe that you need to set your priorities in the right direction and you should attempt to, over time, save an equal to your salary over a three month period.
Many people may find this a lot of money to put back when bills need to be paid, that is fine, consider saving as much as you possibly can without setting yourself into a deeper hole. If you simply saved 100 a week over a three-month period you would have saved 1,200 (not including any interest accrued), that would likely pay for a broke refrigerator or a significant amount on a new or repaired heater. There are many different types of savings accounts that you can consider, some of which do not require substantial deposits.
Typically, a banking institution will access a tax on the interest prior to adding it into your savings account, for example a taxpayer at the basic rate level will be accessed twenty (20) percent, while a taxpayer at a higher rate will be accessed forty (40) percent. For those who do not pay taxes, no taxes are deducted from the interest. For those who are non-taxpayers, you will be required to fill out a R85 form, this will allow you to avoid the taxes and receive the total interest accrued on the account.
One thing people should definitely consider is an ISA (Individual Savings Account), the government of the United Kingdom, created these types of accounts in efforts to encourage residents to save their money. In this account, they allow you to save your money in an amount of 3,000 or less yearly, that will be considered tax-free.
Tags: Banking Institution, Credit Card, General Knowledge, Interest Payments, Many Different Types, Priorities, Quality Of Life, Refrigerator, Right Direction, Salary, Saving Money, Savings Account, Savings Accounts, Unexpected Emergency, United Kingdom
3 Things To Look For In A Home Purchase Lender
3 Things To Look For In A Home Purchase Lender Online
If you’re ready to buy a new house, you’re going to need a Home Purchase lender. And finding one online is convenient and simple! However, there are a few things you should look out for to ensure that your lender has your interests–and not his–as his top priority.
Make sure your lender offers options
There are a lot of options other than the traditional 30-year fixed rate mortgage. Depending on your needs and personal situation, an Adjustable Rate Mortgage (ARM) or Interest-Only mortgage might be a better fit for you. Or, possibly, you may prefer a loan with a longer or shorter term. A good lender should be able to offer you a variety of options so you can find the one that best suits your needs. Be wary of any lender that tries to push one particular type of loan.
Get your “pre-approval” in writing
Some Home Purchase lenders will “pre-qualify” you–but that doesn’t mean you’re guaranteed to get the loan! In fact, in most cases, “pre-qualification” means almost nothing at all. Choose a lender who will “pre-approve” your application instead, which is a more involved process. When you’ve been “pre-approved,” the loan officer has contacted your employer, bank, credit card companies, etc. Once you’re “pre-approved,” you’re a lot more likely to get the final approval on your loan.
“Lock in” the rate you’re quoted
Interest rates change almost daily–they can be down on Monday, and sky-high by Friday! And some lenders will quote you a super low rate to get your business, even though they know the rate may change by the time your loan is finalized. If a lender quotes you an interest rate, ask him/her to “lock it in” for 30, 60 or 90 days. Reputable online Home Purchase lenders will guarantee you your promised rate even if it takes another month or two until you close the loan.
Once you know your online Home Purchase lender is willing to offer you options, pre-approve your loan, and lock-in your rate, it’s time to compare rates, fees and other charges to make sure you’re getting the best deal.
Tags: 3 Things, 30 Year Fixed Rate, 30 Year Fixed Rate Mortgage, Adjustable Rate Mortgage, Final Approval, Fixed Rate Mortgage, Interest Only Mortgage, Interest Rate, Interest Rates, Loan Officer, Online Lenders, Personal Situation, Pre Approval, Pre Qualification, Quotes, Ra, Sky High, Suits, Top Priority, Year Fixed Rate Mortgage
Consumer Confidence In Banking Takes A Hit
A recent survey has shown that consumers’ confidence in banks has taken a real hit, with one of the major causes of this decreasing confidence thought to be the recent situation with Northern Rock. According to the results of the survey close to 25% of Brits state that they do not trust lenders, and less than 50% thought that high street banks could be trusted. The turmoil and chaos that erupted after Northern Rock was found to have taken a loan from the Bank of England, fuelling rumors of a near collapse and resulting in many of the bank’s 1.5 million savers withdrawing billions of pounds worth of savings.
As a result of this situation the Bank of England has stepped up assurance over the guarantee of savings of Northern Rock customers, as well as the savings of customers with other banks that fall into a similar situation. However, it seems that these assurances have done nothing for consumer confidence in banking, with over fifty percent stating that they no longer trust high street banks.
The survey revealed that of the 2484 people interviewed only 46% now trust high street banks. Building societies fared a little better, with 48% expressing confidence in building societies. Online banking has also taken a knock, with experts stating that reduced access to online bank accounts by Northern Rock customers also affecting this area of banking. Only 25% of consumers now trust online banking according to the survey results.
One industry professional stated that consumer confidence in banking and finance was already fairly low, and added that the recent turmoil with Northern Rock has contributed to this lack of confidence. It is not just the banking industry that has taken a knock, however, according to professionals. Lenders across the whole financial sector have been affected by lower levels of consumer confidence. It is thought that this could be as the result of problems throughout the whole of the financial sector, which has stemmed from the credit crunch sparked in the sub-prime sector in the Unites States, which has resulted in global repercussions.
Tags: 5 Million, Assurances, Bank Accounts, Bank Of England, Banking And Finance, Banking Industry, Billions, Building Societies, Collapse, Confidence Building, Consumer Confidence, Cred, Financial Sector, Fuelling, Industry Professional, Lack Of Confidence, Lenders, Street Banks, Survey Results, Turmoil
Basic Financial Information Tips (Part II)
Scams & bad deals. Identity theft is the #1 scam. Keep your account #s, and Social Security # out of the hands of those who dont need to know them. Dont pay up-front fees in hopes of obtaining a loan or a credit card. An exception to this rule is a home loan, which usually involves appraisal and credit report fees – paid in advance. Popular loan scams ask people to send a fee for a promised loan or credit card even if their credit rating is bad. Watch out for someone who pays you too much with a phony certified check and asks you to wire them the difference. If you do, you lose. Dont sign untrue statements! Beware of companies who loan to people with bad credit.
Credit cards. If used well, great tools, if used poorly, financial ruin! If youre too impulsive, hide your card! To avoid paying interest and fees, pay off your entire balance each month (on early or time). Most charge no interest if the balance is paid off within the billing cycle. If you pay only the minimum required payment, like one in four Americans, you lose.
Unauthorized use of credit cards. If a charge – which you did not authorize – appears on your credit card statement, contact the credit card company immediately. Follow-up your dispute in writing within 60 days to ensure your rights.
Disputed items. If you are dissatisfied with a product or service you charged with your credit card, first make a good faith attempt to resolve the dispute with the merchant. If you are unable to resolve it, contact your credit card provider and file an official dispute. Do this within 60 days of the charge to preserve your rights and avoid negative credit, etc.
Debit cards. If you, or someone else, uses your debit card, money is deducted from your checking account. For pre-authorized purchases (e.g. gasoline or motels) a hold is placed on your checking account, usually for an amount larger than the expected charge. This hold can cause other checks or charges to be returned — if you dont have a sufficient cushion of funds in your account, or a backup system (e.g. overdraft line of credit loan). Once funds are deducted from your account, it is often difficult or impossible to get your money refunded. Dont use a debit card for mail order, telephone, or internet purchases. Even if you dont get what you ordered, you may not be able to get your money back.
Reconcile your checking account. The sooner you do it, the easier it is. As soon as you receive your bank statement, compare it with your check register item by item. Make sure both you and the bank have recorded things correctly. If you find that the bank has made errors, or the statement includes unauthorized deductions, contact them immediately.
Blank checks. Keep your blank checks in a safe place. Although you may not be technically responsible if someone steals your checks and forges your name, consumers are often unable to recover their funds which have been deducted from their account. Financial institutions have several defenses including consumers negligence.
Bounced checks. To avoid costly bounced checks, tie your checking account to a revolving line of credit (an empty loan). If you have such a pre-arranged plan, and write a check for more than your available balance, a loan advance is made to pay the check. If you pay off that loan quickly, most financial institutions charge you very little in interest and fees. Keep that line of credit reserved as your checking account backup and dont use it for anything else. Bounced check fees, are very costly. Beware; many banks automatically provide very high-cost bounce protection programs for those who dont.
Solicitations. Dont give your account numbers, credit or debit cards, or your Social Security numbers to anyone who phones or e-mails you. They may not actually be who they claim to be. They may fraudulently use your information, and the damage done to you financially, or to your credit rating, may cause huge headaches, and a horrendous waste of your time, money and energy trying to correct the problems.
Investing. If you cant afford to lose it, dont speculate with it. The greater the rate, the higher the risk.
Risk Free. Nothing is risk-free. Especially nothing involving money.
Too good to be true. If something sounds too good to be true, it is! Dont fall for the scams. Heed the clues!
Credit repair. Be weary of credit repair services. Some claim to be able to fix bad credit. If you have inaccurate information on your credit report, you may contact the credit bureaus directly and correct it yourself. If you have had credit problems, any attempts to remove the relevant information from your credit report are illegal, fraudulent, and only temporary.
Tags: Bad Credit Credit Cards, Billing Cycle, Checking Account, Credit Card Provider, Credit Credit Cards, Credit Rating, Debit Card, Debit Cards, Faith Attempt, Financial Information, Financial Ruin, Financial Scams, Gasoline, Good Faith, Great Tools, Information Tips, Loan Scams, Suff, Unauthorized Use, Untrue Statements
3 Things You Must Have to Make Lots of Money
3 Things You Must Have to Make Lots of Money Fast
Where ever you are presently in your life you can begin to make large amounts of money very fast if you understand a few simple principles. Despite what anyone may tell you these principles of generating money fast do work.
These principles are not difficult but in order to understand them you must process them. You must take the time to give them some thought, until the thought becomes a part of your very being.
How to make money fast is one of the hot topics on everyones mind. Most people will tell you that claims of making fast money is a hokes. Those are the very people who believe that only hard work and struggle can create money. However despite the hard work, the concept of fast money is still not part of the equation. After all if you are working very hard you are unlikely to be making the sort of fast money that you would dream of.
I can tell you from first hand experience that fast money does not come through hard work. If you are marketing your business or interested in accumulating more money struggling will only kill your changes of getting money in a fast and easily way.
–The First Step–
The first think you need in order to make fast money is to have a clear goal. How much do you want? You would be so surprise at how many people want more money but dont have a clear idea as to how much they want.
Without a clear goal your desire is just a wish, it is not concrete. Be specific about how much money you want and by when you would like to have it.
–The Second Step
The very next step is to take inspired action. Inspired action comes from the universe as a nudge. Its the perfect idea, job or business that will help you in getting your goal accomplished.
It makes no sense trying to do something that your neighbor or your coworker tried. What is an ideal opportunity to make fast money for them may not be ideal for you. Besides your goals are unique and the opportunities that are rightfully aligned for you are rightfully suited for you to reach your goal in the time that you desire.
–The Third Step
The third most powerful step is to have a clear and bright vision of your goal. This is where most people fail. Most people get caught up in fear and worry that their goal will not be able to materialize and spend lots of wasted time holding back on their actions.
How many times have you been offered a great idea which you may have promised to do but allowed your fears to get in the way?
You must be able to hold your vision in such a way as to feed it with your own personal powerful intention that your vision will materializes money a lot faster than usual.
Many people who understand the power of holding a clear vision have gone on to make money very fast again and again. Those are the ones who deeply understood the precise way. With a little time and your deep desire you can literally suck money to you faster.
Over the years I can honestly say that I have tested all these theories and without fail they work in generating money faster than if I did not practice these methods.
Tags: 3 Things, Coworker, Desire, Fast Money, Getting Money, Hand Experience, Hokes, Hot Topics, How Many People, How Much Money, How To Make Money, Ideal, Lots Of Money, Marketing, Money Work, Need Money, Neighbor, Struggle, Universe, Work Money
Are You Financially Prepared For An Emergency?
A little planning now can help you handle a natural disaster or other emergency.
Many Americans have focused on their need to be prepared in case of an emergency. Very few, however, consider financial preparedness in their plans. From keeping an evacuation box with important documents to setting up an account with emergency funds, preparing now can be the difference between financial security and financial crisis.
These simple tips from financial experts at Union Bank of California can help anyone prepare financially for a natural disaster:
• Conduct a Household Inventory
Create a household inventory for items of significant value and locate originals of important financial and family documents. Store original documents in waterproof bags in a safe deposit box or durable “evacuation box” and photocopies in a safe place. Use a CD to back up key documents on your computer. If practical, store copies with friends or relatives who live outside the area.
• Know Your Insurance Policies
Understand what types of losses your renters or homeowners insurance covers. Ask your insurance agent or financial planner about additional coverage for floods, earthquakes, home offices and big-ticket items. Keep copies of your policies in a safe place along with your other important papers.
• Keep Cash Accessible
Keep at least $300 in cash at home in a place where you can get to it quickly in case of a sudden evacuation. The money should be in small denominations for easier use.
• Create and Maintain a List of Emergency Contacts
Keep a list of important emergency contacts, including direct family members, doctors, medical facilities, numbers for your bank, insurance agent and company, lawyer and financial planner/advisor. Credit card 1-800 numbers can help you quickly retrieve account information.
• Keep an Emergency Savings Account
This account should be separate from any other account and contain enough money to cover at least three to six months of living expenses.
“We’ve learned from the aftermath of recent natural disasters that financial preparedness is not always top of mind,” said Union Bank’s Executive Vice President Ronald Kendrick. “Follow these guidelines to ensure you and your family are protected financially.”
Tags: 1 800 Numbers, Bank Insurance, Big Ticket Items, Card 1, Company Lawyer, Emergency Funds, Family Documents, Financial Experts, Financial Planner, Financial Preparedness, Homeowners Insurance, Household Inventory, Insurance Agent, Insurance Policies, Medical Facilities, Natural Disaster, Safe Deposit Box, Store Copies, Union Bank Of California, Waterproof Bags
Cash Advance Loans Online – The Plus Side
Cash advance loans online can be a huge lifesaver when you find yourself in a bit of a pinch in between your paydays. So just what is a cash advance loan and how will it be helpful to you?
A cash advance loan (or payday loan) is a very short-term loan that carries extremely high interest rates. Generally, these types of loans last from a period of one to four weeks and you either write a check out that the company will cash when the loan is due or you would have to authorize the company to be able to make withdrawals out of your savings or checking account.
If you are in a bad credit situation when it comes to obtaining a loan, getting a cash advance loan may just be the answer you are seeking. Most all payday loan companies only require that you have either an active savings or checking account and have held your current job between 3-6 months and be able to prove how much you make in a month.
You can obtain your money very quickly when you decide to into applying for cash advance loans online. After you have provided the loan company with all of the information that they require and you are approved you are likely ti have your cash within 24 hours sometimes instantly depending on the company you are getting your loan through.
Getting a cash advance loan can assist you in making your credit score better. Just make sure that when you are getting an advance you make sure that the loan company reports to one of the three major credit agencies.
Now the next time that you are in a bind and need some cash quickly, if you are you sure you can meet the terms, applying for cash advance loans online would be a smart move.
Tags: Bad Credit, Bind, Cash Advance Loans, Cash Advance Loans Online, Cash Loan, Cash Loans, Checking Account, Credit Score, Credit Situation, High Interest Rates, Job, Lifesaver, Loan Company, Online Loans, Payday Loan Companies, Paydays, Short Term Loan, Smart Move, Types Of Loans, Withdrawals
1031 Tax Exchange Frequently Asked Questions
After years of conducting tens of thousands of successful 1031 exchanges, we found that there are a number of frequently asked questions related to this type of transaction
Equity and Gain
Is my tax based on my equity or my taxable gain?
Tax is calculated upon the taxable gain. Gain and equity are two separate and distinct items. To determine your gain, identify your original purchase price, deduct any depreciation which has been previously reported, then add the value of any improvements which have been made to the property. The resulting figure will reflect your cost or tax basis. Your gain is then calculated by subtracting the cost basis from the net sales price.
Deferring All Gain
Is there a simple rule for structuring an exchange where all the taxable gain will be deferred?
Yes, the gain will be totally deferred if you:
1) Purchase a replacement property which is equal to or greater in value than the net selling price of your relinquished (exchange) property, and
2) Move all equity from one property to the other.
Definition of Like-Kind
What are the rules regarding the exchange of like-kind properties? May I exchange a vacant parcel of land for an improved property or a rental house for a multiple-unit building?
Yes, “like-kind” refers more to the type of investment than to the type of property. Think in terms of investment real estate for investment real estate, business assets for business assets, etc.
Simultaneous Exchange Pitfalls
Is it possible to complete a simultaneous exchange without an intermediary or an exchange agreement?
While it may be possible, it may not be wise. With the Safe Harbor addition of qualified intermediaries in the Treasury Regulations and the recent adoption of good funds laws in several states, it is very difficult to close a simultaneous exchange without the benefit of either an intermediary or exchange agreement. Since two closing entities cannot hold the same exchange funds on the same day, serious constructive receipt and other legal issues arise for the Exchangor attempting such a simultaneous transaction. The addition of the intermediary Safe Harbor was an effort to abate the practice of attempting these marginal transactions. It is the view of most tax professionals that an exchange completed without an intermediary or an exchange agreement will not qualify for deferred gain treatment. And if already completed, the transaction would not pass an IRS examination due to constructive receipt and structural exchange discrepancies. The investment in a qualified intermediary is insignificant in comparison to the tax risk associated with attempting an exchange, which could be easily disqualified.
Property Conversion
How long must I wait before I can convert an investment property into my personal residence?
A few years ago the Internal Revenue Service proposed a one-year holding period before investment property could be converted, sold or transferred. Congress never adopted this proposal, so therefore no definitive holding period exists currently. However, this should not be interpreted as an unwritten approval to convert investment property at any time. Because the one-year period clearly reflects the intent of the IRS, most tax practitioners advise their clients to hold property at least one year before converting it into a personal residence.
Remember, intent is very important. It should be your intention at the time of acquisition to hold the property for its productive use in a trade or business or for its investment potential.
Involuntary Conversion
What if my property was involuntarily converted by a disaster or I was required to sell due to a governmental or eminent domain action?
Involuntary conversion is addressed within Section 1033 of the Internal Revenue Code. If your property is converted involuntarily, the time frame for reinvestment is extended to 24 months from the end of the tax year in which the property was converted. You may also apply for a 12-month reinvestment extension.
Facilitators and Intermediaries
Is there a difference between facilitators?
Most definitely. As in any professional discipline, the capability of facilitators will vary based upon their exchange knowledge, experience and real estate and/or tax familiarity.
Facilitators and Fees
Should fees be a factor in selecting a facilitator?
Yes. However, they should be considered only after first determining each facilitator’s ability to complete a qualifying transaction. This can be accomplished by researching their reputation, knowledge and level of experience.
Personal Residence Exchanges
Do the exchange rules differ between investment properties and personal residences? If I sell my personal residence, what is the time frame in which I must reinvest in another home and what must I spend on the new residence to defer gain taxes?
The rules for personal residence rollovers were formerly found in Section 1034 of the Internal Revenue Code. You may remember that those rules dictated that you had to reinvest the proceeds from the sale of your personal residence within 24 months before or after the sale, and you had to acquire a property which reflected a value equal to or greater than the value of the residence sold. These rules were discontinued with the passage of the 1997 Tax Reform Act. Currently, if a personal residence is sold, provided that residence was occupied by the taxpayer for at least two of the last five years, up to $250,000 (single) and $500,000 (married) of capital gain is exempt from taxation.
Exchanging and Improvements
May I exchange my equity in an investment property and use the proceeds to complete an improvement on a vacant lot I currently own?
Although the attempt to move equity from one investment property to another is a key element of tax deferred exchanging, you may not exchange into property you already own.
Related Parties
May I exchange into a property that is being sold by a relative?
Yes. However, any exchange between related parties requires a two-year holding period for both parties.
Partnership or Partial Interests
If I am an owner of investment property in conjunction with others, may I exchange only my partial interest in the property?
Yes. Partial interests qualify for exchanging within the scope of Section 1031. However, if your interest is not in the property but actually an interest in the partnership which owns the property, your exchange would not qualify. This is because partnership interests are excepted from Section 1031. But don’t be confused! If the entire partnership desired to stay together and exchange their property for a replacement, that would qualify.
Another caveat. Those individuals or groups owning partnership interests, who desire to complete an exchange and have for tax purposes made an election under IRC Section 761(a), can qualify for deferred gain treatment under Section 1031. This can be a tricky issue! See elsewhere in this publication for more information. Then, only undertake this election with proper tax counsel and only with the election by all partners!
Reverse Exchanges
Are reverse exchanges considered legal?
Although reverse exchanges were deliberately omitted from Section 1031, they can still be accomplished with the aid of an experienced intermediary. Since reverses are considered an aggressive form of exchanging, your intermediary and tax advisor should assist you with exchange and tax planning based upon successful reverse exchange case law.
The Taxation Section of the American Bar Association has submitted suggested guidelines for the IRS in evaluating reverse exchanges and issuing new regulations. Although it is unknown when the IRS will make a definitive reverse exchange ruling, one is expected in the future.
Identification
Why are the identification rules so time restrictive? Is there any flexibility within them?
The current identification rules represent a compromise which was proposed by the IRS and adopted in 1984. Prior to that time there were no time-related guidelines. The current 45-day provision was created to eliminate questions about the time period for identification and there is absolutely no flexibility written into the rule and no extensions are available.
In a delayed exchange, is there any limit to property value when identifying by using the 200% rule?
Yes. Although you may identify any three properties of any value under the three property rule, when using the 200% rule there is a restriction. It is when identifying four or more properties, the total aggregate value of the properties identified must not exceed more than 200% of the value of the relinquished property.
An additional exception exists for those whose identification does not qualify under the three property or two hundred percent rules. The 95% exception allows the identification of any number of properties, provided the total aggregate value of the properties acquired totals at least 95% of the properties identified.
Should identifications be made to the intermediary or to an attorney or escrow or title company?
Identifications may be made to any party listed above. However, many times the escrow holder is not equipped to receive your identification if they have not yet opened an escrow. Therefore it is easier and safer to identify through the intermediary, provided the identification is postmarked or received within the 45-day identification period.
Tags: 1031 Exchanges, 1031 Tax Exchange, Business Assets, Constructi, Cost Basis, Estate Business, Exchange Agreement, Exchange Funds, Exchange Property, Investment Real Estate, Net Sales, Parcel Of Land, Qualified Intermediaries, Rental House, Safe Harbor, Simultaneous Exchange, Tax Basis, Taxable Gain, Treasury Regulations, Vacant Parcel