A 1031 exchange enables investors to defer taxes on capital gains by reinvesting the proceeds from a sold property into a new one, with a caveat: the full proceeds must be reinvested, including the loan amount from the sold property. If the relinquished property had a loan that was paid off at the sale, to preserve the tax-deferred status, the investor must obtain a new loan for the replacement property, which is at least equal to the paid-off loan, ensuring compliance with IRS rules. The new property must reflect the financial structure of the old one, including the debt.
When the relinquished property’s loan is settled at sale, it reduces the cash available for reinvestment. The challenge arises in purchasing a replacement property of equal or greater value with less cash on hand.
The IRS considers the entire value of the transaction, not just the cash. This means that if the old property had a loan, the new one must carry a similar or larger debt. The equity alone from the sale isn’t sufficient; the debt component must also be replaced.
For example, an investor sells a rental home for $500,000, repaying a $250,000 mortgage and is left with $250,000.
Asset: Single-Family Rental
Sale Price: $500,000
Mortgage: $250,000
Equity for Reinvestment: $250,000
Replacement Property Value Required: $500,000
To defer taxes, they need a replacement worth at least $500,000, which may necessitate obtaining new financing.
Delaware Statutory Trusts (DSTs) can be advantageous in this situation, offering fractional ownership of real estate with ‘prepackaged’ non-recourse debt. Investors don’t need to qualify for this debt personally. With a typical loan-to-value (LTV) ratio in a DST ranging from 25%-70%, an investor can match their equity and debt from the sale of the old property by investing in a DST with an appropriate LTV ratio.
For example, selling a property for $500,000 with a $250,000 mortgage means the investor has $250,000 in cash proceeds. To defer taxes, they must purchase a replacement worth at least $500,000.
Equity Invested into DST: $250,000
Debt Assigned from DST: $250,000
Total Investment Value: $500,000
Using a Delaware Statutory Trust (DST) with a 50% loan-to-value ratio, the investor matches their equity and debt, achieving the necessary $500,000 investment value. Investors do not have to personally qualify for this debt.
In summary, successfully navigating a 1031 exchange and its debt replacement aspect requires a strategic approach and a clear understanding of IRS regulations. Matching or exceeding the debt level of the relinquished property is crucial to maintaining the balance between cash and debt and securing the tax advantages offered by a 1031 exchange.
