Teresa Fluegel

Northern California

Additional Contact Information

IPX1031 Northern California Regional Office
1735 Technology Drive Suite 830, San Jose CA 95110

Phone: (415) 293-7011
Toll-Free: (866) 228-1031
Fax: (415) 896-9422

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1031 Exchange FAQs

Does California have any special 1031 Exchange rules and regulations?

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.

What are the benefits of doing a 1031 Exchange?

While the tax deferral benefits are enormous (deferring Federal Capital Gains Tax, State Income Tax, Depreciation Recapture & Healthcare Tax), I would argue that the non-tax benefits are the real reasons why people do 1031 Exchanges. Exchanges are used by investors who want to do one or more of the following:
• Increase your cash flow from your investment property(ies)
• Purchase a property with greater potential for appreciation in property value
• Buy a property that is closer to home
• Diversify into multiple properties
• Consolidate into one property that is easier to manage
• Buy a dream retirement home
• Purchase properties that will set up heirs for the future (estate planning)
• Acquire property with less deferred maintenance

How do I know if a 1031 Tax Deferred Exchange is right for me?

If any of the 1031 benefits bullet points interest you, a 1031 Exchange is worth exploring with a 1031 Exchange expert like me. Please contact me.

Is a Qualified Intermediary (AKA accommodator or QI) needed?

Yes. To avoid a taxable sale of the Relinquished Property, the use of an intermediary in virtually every 1031 transaction should be utilized. In addition, the Exchanger must enter into written agreements with the QI before the Relinquished Property is sold.

What is Like Kind Property? Can I sell my rental house and buy a 4plex? Can I sell my vacant lot and buy an office building?

Yes, you can buy ANY kind of business or investment real estate, anywhere in the US. The “like-kind” requirement does not mean selling and buying the same exact type of property. In an IRC §1031 transaction, you can exchange real property for virtually any other real property in the United States, as long as the property is held for productive use in a trade or business or for investment purposes. You can sell a rental house and buy apartments, commercial, industrial, mini storage, vacant land, agricultural, etc.

IPX1031 Exchange Industry Partner Tools

IPX1031, the nation’s largest exchange facilitator and accommodator, provides industry leading exchange services including guidance, expertise, security and key information on 1031 Exchange rules, regulations and strategy.

1031 Exchange expert, Teresa Fluegel offers you customized solutions to defer capital gains tax and maximize equity in your 1031 like kind investment property.

Schedule Seminar with Teresa Fluegel

IPX1031 provides seminars for continuing education credits as well as custom and personalized seminars on tax deferred exchange topics for attorneys, CPAs, advisors, brokers, REALTORS®, agents, escrow, investors and taxpayers.

To find out about a seminar nearest you, or to schedule a seminar for your office, please contact us.

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