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mortgage after 1031 exchange

Hi,

I recently sold a rental property and used the proceeds to purchase another rental property through a 1031 exchange. The proceeds paid for about half of the new purchase and I brought cash for the remainder.

 

I would like to get a mortgage on the new property. I know for sure I have no problem getting a mortgage on the portion not related to the 1031 exchange. However, I don't understand the rules around getting a mortgage overall considering that I paid for half of the new property with 1031 funds.

 

Am I forbidden from *ever* getting a mortgage on that portion? (meaning with no tax consequences)

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5 Replies

mortgage after 1031 exchange

You need to be cautious with a post-exchange, cash-out mortgage.

 

However, typically the issue arises when the relinquished property is mortgaged during the exchange period unless there is a business purpose for refinancing. 

 

Mortgaging replacement property post-exchange is typically not problematic, but caution and guidance would still be recommended.

 

See https://www.americanbar.org/groups/real_property_trust_estate/resources/real_estate_index/section-10...

 

See also https://www.accruit.com/blog/cash-out-refinance-or-after-1031-exchange

mortgage after 1031 exchange

you didn't state whether there was a mortgage on the property sold

First, the purchase price of the property or properties you buy must equal or exceed the sale price of the property or properties that you sell. So if you sell a property for $500,000, you’ll need to buy another property for at least that amount.

Second, there’s a debt financing requirement that applies if you have a mortgage on your original property. In a nutshell, you’re required to carry as much debt or more with your replacement property.

Let's put these two together with an example. Imagine that you have a property with a $200,000 mortgage. You sell that property for $500,000. To complete a 1031 exchange, you need to spend more than $500,000 on a replacement property and you must finance at least $200,000 of that amount.  if the new mortgage was less than the original mortgage you have taxable boot.

 

three examples of how this might work.

Example 1: Adding more cash into the purchase
Let’s say you sell a property for $600,000 and that you had a $400,000 mortgage on it at the time of the sale.

You choose to keep your debt level the same but want to buy a property for $800,000. So you add $200,000 out of your own pocket and buy the new property with $400,000 in cash and a $400,000 mortgage. This satisfies both requirements of a 1031 exchange, and you can defer all taxes.

Example 2: Increasing your leverage
One of the most common reasons for a 1031 exchange with an investment property is to increase leverage. This lets you put your money to work in a higher-income property. You increase not only your cash flow but your rate of building equity.

For this example, we’ll say you dispose of one of your investment properties for $600,000 and that you owed $200,000 on your mortgage at the time of the sale.

You have your eye on a property that costs $1.2 million, so you use the $400,000 in cash from the sale and a new $800,000 mortgage to acquire the property. This also satisfies the 1031 exchange requirements and you can defer the taxes on the sale of your property.

Example 3: A partial 1031 exchange
Contrary to popular belief, a 1031 exchange isn’t an all-or-nothing situation. You can do a partial exchange. However, if you buy a property for a lower sale price than your original property sold for, some of the original property’s sale price is taxable. The same is true if you choose to take on less debt with the replacement property.

mortgage after 1031 exchange

In addition to what has been discussed, the real problem I see that you need to address, is how will the proceeds from the mortgage be used?

You need some advice and understanding on the interest tracing rules depending on how the funds will be used.

You should seek some guidance from a tax professional since Section 1031 and the interest tracing rules can be tricky.

*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.

mortgage after 1031 exchange


@Mike9241 wrote:

you didn't state whether there was a mortgage on the property sold


Yes, @Mike9241 , the OP did, in fact, precisely state that the mortgage was on the replacement property, not the relinquished property.

mortgage after 1031 exchange

@sadflaksjdfhaskjdfh 

 

I agree with @Rick19744; if you are planning to deduct the interest on the loan against the replacement property, you need to follow the interest tracing rules and the principal cannot be used for personal purposes.

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