Build To Suit Exchanges Rock For Investors
Many real estate investor are aware of the money saving power of a 1031 exchange, and how it allows one to transfer their captial gains taxes from the sale of a property, into another like-kind property. But it isn’t possible to use the money from your exchange to pay the debt on an investment property that you already own – and likewise, you can’t build improvements on land that you own with a 1031 exchange. Making improvements on land already owned is not a qualifying like-kind 1031 exchange, and can be a trap for the unacquainted taxpayer.
What you ultimately want is to take the 1031 exchange proceeds, purchase new land and have it built to your specifications, i.e., you get the built structure you want and purchase a replacement-property that is worth the same amount (or greater value). So how can you do this?
There is an option called “the poor man’s build to suit exchange” wherein the buyer requests that the seller make the desired improvements to the structure prior to the completion of the sale. For example, an investor (after selling her investment property) – wants to buy another property to replace it – for an equal or greater value.But the replacement property is only worth about k, which isn’t enough to qualify as a “like kind” exchange, and therefore not “transferable” under 1031.
In this scenario, the investor would ask the replacement property seller to increase the sales price to 100 thousand dollars, and before closing, the seller will have to construct 90 thousand dollars worth of improvements to the property. After all is said and done, she’ll purchase a replacement property or the same value, which is 0,000.
Finding a replacement property seller who is willing to increase the sales price, and make improvements before closing, may be difficult. One other approach to this is to have the QI (or qualified intermediary) purchase the replacement property for ,000 – then take the title into an LLC that is owned exclusively for the purpose of a 1031 exchange, and use the remaining money from the exchange to make improvements to the replacement property.
So likewise, your QI can fund the improvements during their construction, holding the property for you and paying for everything with the proceeds from the exchange. The investor will receive the property from the QI when the improvements are completed on the replacement property, thereby completing the exchange.
Consider the following things when you attempt to use a build to suite exchange. First, the 180-day requirement in order to complete a 1031 exchange does not allow sufficient time for an elaborate Build to Suit. But, this should be enough time to rehab and update an already standing building.
2nd, any updates made to the replacement property must be considered, “real-estate” to actually be part of a “like kind” exchange, i.e., real estate for real estate. Simply dropping off some building materials on location is not acceptable; to constitute “real estate” your supplies must literally be attached to the building as a permanent part of the structure or affixed into the land that it is on.
Stay focused on the final outcome, avoiding any difficulties, and you’ll get all of the great benefits of a build to suite tax exchange.