1031 Exchange and Capital Gains

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Name:Steven Hickox
Location:Denver, Colorado, United States

Monday, May 01, 2006

1031 exchange by corporation

Dear 1031x.com: I sold a property in FL, with my corporation, and want to buy other property in another state. Will this bring problems, when the FL company sells this property later on  (after one year and one day) ? What if I would buy different (max 3) properties in different states, would this still be a valid 1031 ? 2. Also, the selling price includes a loan of about one third of the  selling price. If I am right, the seller of the new property cannot hold part of mortgage to make 1031 fully valid, and I need to look for financing.   Will I have trouble financing if company is from other state  than property ?
Dear Mr. B:  I am not sure I understand your question.  Here is the answer.  If the old property is owned by a corporation then the 1031 exchange must be done by the corporation and the new property(ies) must also be owned by the corporation.  Yes, this can create financing difficulties for you especially in a new state.  Why are you holding investment property in a corporation?   This is usually a bad idea.   You can buy up to three new properties located anywhere in the USA.  You can later sell any of them and 1031 exchange again.  It is ok for the seller of the new property  to carry back financing for you.  This kind of financing will be treated like any other financing from a tax stand point.  If this is not a complete answer for you please try again.  Sincerely,  

Steve Hickox
Attorney / President