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Terms
used in Investment property purchases and 1031 exchanges.
Key
Terms
1031 exchange
Internal Revenue Code Section 1031
states that no gain or loss is recognized where property held for
investment or productive use in a trade or business is exchanged
solely for property of like-kind which is to be held for investment or
productive use in a trade of business.
Boot
is cash or other property added to an exchange in order to make the
value of the exchanged properties of equal value
Deferred Exchange
refers to an exchange of one property for another of "like kind". The
capital gain tax owed on the sale of the property or item is deferred
until sale of the exchange property.
Direct Deeding
is a transaction where a relinquished property or a replacement
property is deeded directly to a buyer (not to a qualified
intermediary first).
Disqualified Person
refers to a seller's relatives (determined under income tax
regulations) or agents (including your attorney and your accountant).
Escrow
is an agreement between two or more parties, requiring that certain
instruments, monies, or property be placed with a third party for
safekeeping, pending the fulfillment of performance of a specified act
or condition.
Exchange Period
refers to the period during which you must acquire the replacement
property, beginning on the day on which you transfer your relinquished
property and ending at midnight on the 180th day after that.
Identification Period
is the 45-day period during which you must identify replacement
property that begins on the day escrow is closed on the relinquished
property.
In-Cash
refers to the point in time when an investor has closed escrow on the
relinquished property and is in the 45-day identification period of
the 1031 process. The money from the sale of the relinquished property
is with a Qualified Intermediary, waiting to be reinvested into the
replacement property.
Limited Partnership
is a form of partnership in which there is one or more general
partners, jointly and severally responsible as ordinary partners with
liability, and one or more special partners, who are not liable for
the debts of the partnership beyond the amount of cash they
contribute/invest as capital.
Liquidity
or
liquid
measures the ability to convert an asset to cash quickly.
Property
or
properties
refers to legally owned real estate or possessions.
Qualified Intermediary
is the disinterested third party that holds the funds from the
relinquished property and releases the funds for the replacement
property, and ensures that all IRS requirements are met.
Real Estate Provider
is a real estate company that focuses on acquisition of
institutional-grade investment property for the purposes of offering
Tenants In Common investment opportunities.
Relinquished Property
refers to the property that is given up in the 1031 exchange.
Replacement Property
refers to the like-kind property received in the 1031 exchange.
Preservation of Capital
When the cost value of an investment is maintained or increased.
Section 1031 of the IRS code
is the authorizing section of the IRS tax code that allows an
investment property owner to defer capital gains and depreciation
recapture taxes on a property sold.
Tax Basis
or
Basis
The tax basis in a property is equal to cost minus accumulated
depreciation. When exchanging, the beginning basis is equal to the tax
basis in the relinquished property, increased by any new cash
(including any increase in non-recourse debt) that is paid in the
acquisition of the replacement property. Tax basis is depleted through
annual depreciation and increased by capital expenditure.
Taxpayer
is the person conducting the 1031 exchange.
Tenancy In Common
or
TIC
(also known as Co-Ownership of Real Estate (CORE)) is a way of sharing
ownership of property among two or more persons in which each tenant
holds an undivided interest in the entire property, either equally or
in designated interests of differing sizes. TIC/CORE investors are on
deed and considered separate owners of the real estate, sharing pro
rata in the income, tax benefits, and appreciation of the property,
with the properties employing professional asset and property
management.
Trust
is an arrangement whereby property is transferred to a third party
(called the Trustee) by a grantor (called the Trustor). The trustee
holds the property for the benefit of the Beneficiary.
The First King Team has experience in helping you find an investment
property. They work with 1031 exchange companies and also lenders who
make investor loans to better help you secure your financial future.