Preserve Equity, Build for the Future Using a 1031 Tax Exchange

Thinking of trading up on an investment resort property? If so, look into 1031 Tax Exchanges (based on IRS Code Section 1031), which allow taxpayers to defer taxes on capital gains resulting from the sale of investment real estate, often a sizable sum since combined Federal and State taxes can run as high as 38 percent.

With an exchange, owners are able to preserve equity, while still selling the property. The underlying concept is that an exchange of like-kind property for like-kind property does not generate funds, which can be taxed since the profits go directly into the new or replacement property. To accomplish this, sellers hire a Qualified 1031 Intermediary (QI) to document the sale as an exchange and to receive the funds from the sale. The QI then delivers the funds directly to the closing agent for the replacement property who deeds the property to the taxpayer.

Central to a 1031 Exchange is the interpretation of like-kind property. While the common assumption is that like-kind implies land for land or a condominium for a condominium swap, the interpretation of like kind is actually less literal. Rather, it defines like kind as meaning that both the replacement and the original property must be used as an investment. So land, condominiums, single-family homes and motels can all be exchanged for one another as long as they are used in the exchanger's business or held as an investment. The amount of debt held on the replacement property must be the same as the amount of debt on the original.

1031 Exchanges are complex mechanisms and like all IRS requirements very specific. For example, exchangers have 45 days from closing to identify properties they intend to purchase and 180 days to complete the purchase. Purchase and Sale agreements must include verbiage indicating the intent to affect a 1031 Exchange.

The 45-day time frame used to be onerous for sellers. Now, they can opt for a Reverse Exchange, in which an additional third party called "the exchange accommodation title holder" (EAT) acquires title to the replacement property until the original property sells. Reverse Exchanges shift the 45- and 180-day time frame to the selling side of the transaction. With an Improvement Exchange, which also uses an EAT to hold the replacement property, sellers can build investment properties from the ground up or improve existing properties. The improvements have to be built and paid for during the 180-day period.

If you are interested in a 1031 Exchange, the first step is to consult your tax advisors as well as an attorney or CPA who is knowledgeable with 1031 Exchanges. Make sure that your real estate professional knows you plan to conduct an exchange and be sure that he or she is familiar not only with the process but also with the specific documentation and time frame mandated by the IRS.

This article is intended to inform readers, but does not constitute any financial or legal advice.

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Homeowners Tips: Cleaning Up After A Flood Strikes

The value of knowing how to respond to an emergency has never been so clear, with one of the worst hurricane seasons ever behind us. Educating yourself on what to do in a flood, therefore, is one of the key disaster preparedness issues. Here are some valuable tips homeowners should be aware of when cleaning up damage left behind by a flood.

Dont Go Near the Water: Floodwaters can be some of the most contaminated water you will ever come in contact with. Seek medical attention right away if you or a family member has been exposed to flood waters for any length of time. Topical floodwater contact could lead to serious infections. If you believe you or anyone else has drunk floodwater, seek medical care at your local hospital or clinic as soon as possible, as the dangers of infection are even worse.

Tread Lightly: Stay out of any buildings or structures that still have floodwaters encircling them. Dont underestimate structural damage floodwaters can cause. A structure's foundation can be significantly weakened by floodwaters in relatively short periods of time, especially in older structures. Foundations can sink and become unstable, causing cracks and gaps in the flooring, even a house total collapse without warning. An apparently sound structure may also have suffered gas leaks, electrical damage, or water line damage, so you should steer clear of such buildings until local officials have declared them safe .

Wait Until the All-Clear: Just because the rain has stopped and the floodwater seems to be withdrawing, doesnt mean its safe to go home and start cleaning up. Of course youll be anxious to find out what damage if any has been done to your property, but sometimes, floodwater damage creates many a hazard that requires professional clean up before the area is cleared as safe to local area residents. Keep watching for information on the weather if you have access to local radio or television stations, which will inform you of any threat from incoming storms, or other floodwater-related dangers in your area.

Handle with Care: You should inspect flood-damaged buildings cautiously once local officials have judged the area safe. Start with examining your house carefully. Tread carefully; flood damage can weaken structures. Do not smoke inside the building. (gas leak hazard) Bring battery-operated flashlights or lanterns as electricity may be cut off. Study the floors, walls, doors, staircases, and windows closely to make sure the house is not in danger of collapsing, using the flashlight to look at the foundation for cracks or other signs of damage.

After you've examined the structural integrity of the building, check for damage to the utility systems. Find and note down damage to the building's gas, electrical, and sewage system. Check for gas leaks by listening for a small hissing noise and smelling the gas in the air. If you suspect a gas leak, shut off the main valve immediately and contact the gas company.

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Managing Your Specific Phobias and Panic Attacks

Overcoming your phobias can sometimes be difficult. One of the ways to manage your particular phobia is to find out what exactly is your fear. If you have trouble finding out what that fear may be, then try to talk to a professional who can help you figure out what the fear may be. Once you know what the fear is, then the next step is to find the ways to deal with that fear.

For instance, one of the ways to manage your fear is to challenge your negative thinking with positive statements and realistic thinking. When encountering thoughts that make your fearful or anxious, challenge those thoughts by asking yourself questions that will maintain objectivity and common sense. For example, your afraid that if you do not get that job promotion then you will be stuck at your job forever. This depresses you, however your thinking in this situation is unrealistic. The fact of the matter is that there all are kinds of jobs available and just because you dont get this job promotion doesnt mean that you will never get one. In addition, people change jobs all the time, and you always have that option of going elsewhere if you are unhappy at your present location. Changing your thinking can help you manage your fears.

Sometimes, we may be nervous doing a certain task that may be scary. When this happens, visualize yourself doing the task in your mind. For instance, you and your team have to play in the championship hockey game in front of a large group of people in the next few days. Before the big day comes, imagine yourself playing the game in your mind. Imagine that your playing in front of a large audience. By playing the game in your mind, you will be better prepared to perform for real when the time comes. Self Visualization is a great way to reduce the fear and stress of a coming situation.

When facing a current or upcoming task that overwhelms you with a lot of anxiety, divide the task into a series of smaller steps and then complete each of the smaller tasks one at a time. Completing these smaller tasks will make the stress more manageable and increases your chances of success.

As a layman, I realize it is not easy to overcome our phobias. Remember that sometimes our worrying and fears can make the problem even worse. Take things in stride and try not focus too much on the problem. In time, you will find the ways to overcome your phobia. If you have trouble, talk to a professional who can give you additional insights on your situation.

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