Stephen Decker

If any of the 1031 benefits bullet points interest you, a 1031 Exchange is worth exploring with a 1031 Exchange Specialist like me. Please give me a call at (619) 246-8187 

There are no special requirements for doing a 1031 Exchange with a property that you are selling in California. However, if you are going to exchange from CA to another state, you need to be aware that the State of California Franchise Tax Board tracks you when you leave the state with their deferred tax dollars. In 2014 California implemented a “clawback provision” which effectively requires that you file an informational tax return with the State of California each year, showing that you still own the property that you purchased in another state through your 1031 Exchange. They do this because if someday you decide to sell the other property and “cash out”, California will come back and “clawback” the taxes on the gain that was made while you were doing business in the State of California. For more information, please see the text of California Assembly Bill 92 here: Bill Text – AB-92 State government.  

No, unless you are eligible for an extension due to a federally declared disaster, the IRS doesn’t have any provisions for extensions or exceptions – not even to the next business day if the deadline falls on a weekend or holiday. The best way to get more time is to start looking for your Replacement Property well before the closing of your sale property or to extend the closing date on your sale property.

The day you take title to the property is the end of the exchange for that property. If you have cash left over, that is taxable boot. There is something called a Build-to-Suit or Improvement Exchange, where we, as the intermediary, take title to the property to make the improvements before you take ownership. This is also a more expensive and complicated transaction.