There are a lot of rules with 1031 Exchanges but there is ONE Huge rule that many people don’t talk about and it could disqualify your entire 1031 Exchange…

“The Best Way to Predict the Future is to Create it.”

– P. Drucker & A. Lincoln | National University.

Some Things That Can Mess Up Your 1031 Exchange!

• Thinking that Holidays and/or weekends don’t count–THEY DO COUNT SO GET YOUR CALENDAR OUT! The IRS does not care that you don’t know how to count 45 days or 180 days or that you were sick or it was a weekend…or even Christmas!
• Not making sure that you can close on the right amount of properties in time.–AGAIN THE IRS doesn’t care that you found something in your due diligence that disqualifies all of your choices that you made in the first 45 days!! HINT: Get under contract while you are under contract to sell your 1031 Exchange Property, do your Due Diligence and submit your properties by the 45th day with confidence that you can close on time!
• Deciding to File your Tax Return for the year you did your 1031 Exchange BEFORE YOU COMPLETE YOUR EXCHANGE!! — NEVER DO THIS! Why this is rarely talked about is beyond me! But, I think that unless you deal with 1031 Exchanges as a CPA and a Realtor (which I am both) you forget this little but VERY IMPORTANT RULE. If your 180 days starts around mid-October (again get your calendar out!) then your 180 days ends around April 15th of the following year. If you file your tax return before April 15th and you have not finalized your 1031 Exchange Closing you just BUSTED your 1031…trust me that is not a good thing!!! So be sure to extend and then be sure to file by the extended due date after you finalize your 1031 Exchange!!!!
• Thinking you can decide you want to do a 1031 Exchange on the day or after closing of your property you are selling! OMG get your qualified intermediary figured out BEFORE you even put the property you are selling on the market! Know who your team is, Realtor, Title, and QI. Have conversations with all of them, know their qualifications ask questions and then keep at it until you have a game plan. Having bad representation is not an excuse for missing deadlines or doing the 1031 Exchange incorrectly. The IRS is very unforgiving on this, if you want to play in the big leagues of 1031 Exchanges you need to know as much as your representatives and be on top of it!
• Not reading and knowing the HOA rules that require the property to be owner occupied for a certain amount of time before it can be rented. WOW, I have seen this one Bust a 1031 and/or cost the investor a lot in penalties because they had to keep the tenant and pay the monthly HOA fines. [Real Life Situation–Agent/Buyer did not read the HOA documents that said the Buyer needed to occupy the property for 2 years before it could be rented. The Seller didn’t disclose this information either. The Seller had a tenant with a lease in place. On the close of escrow the HOA sent a letter to the new buyer (part of the 1031 Exchange) we know you have a tenant, you must pay us $400 a month for violating our policy of not being owner occupied AND as you know you cannot terminate the lease as per the Arizona Revised Statues…have a nice day (ok maybe they didn’t say that last part–but it was a big mess, PS I was not involved in any part of that transaction!)

There are so many things that can be done with a 1031 Exchange like combining it with a Section 121 (and no I am not going to go into details-you need to talk to your CPA!!) Doing a 1031 Exchange is not for the faint of heart for any of the participants, lots of rules, unforgiving of mistakes, and a lot of money on the line if your 1031 gets busted!