BPE Law

1031 Exchange

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  • 1031 Exchanges Part 4 – Using Seller Financing

    By BPE Law Attorney Matthew Kirkpatrick When the purchaser of the downleg property cannot obtain financing to complete the transaction, the seller/taxpayer may want to do a seller carry back transaction. Can it be done? Unless certain precautions are taken, the taxpayer’s promissory note or any payments received thereunder would be considered property “not solely […]

    1031 Exchange Part 3 – Multiple Entities

    By BPE Law Attorney Matthew Kirkpatrick It is relatively easy to understand the concept in Exchanges that the Seller of the downleg property should be the same as the Buyer of the upleg property in order that the seller’s capital gains tax can be moved forward to their new property. This is generally called the […]

    1031 Exchange Part 2 – the Delayed Exchange

    By BPE Attorney Matthew Kirkpatrick An exchange is simply the giving of something with value in order to receive something else of value. This is what happens in any purchase and sale. 1031 Exchanges however enable a “sale” to occur in certain types of transactions and avoid having to pay capital gains tax at the […]

    1031 Tax Deferred Exchange – Part 1

    By BPE Law Attorney Matthew Kirkpatrick Clients often come to us with business or investment property that is under-performing.  The client wants to continue the investment but feels that a new property would generate a higher rate of return. The client’s perceived problem is that as soon as they sell the property, they will get […]