1031 Strategies: Refinancing Around An Exchange
For investors, one of the main reasons to use a 1031 exchange is deferring any tax due so that any return they earn can be on all of their equity going forward. For the gain deferral to be maximized, the exchange rules require that the purchase price of the replacement property be the same or greater than the property that was sold
and all of the cash proceeds be used
. When there is little to no debt on the property, this can be particularly vexing to investors who would like to enjoy a bit of their hard earned equity or employ it into a new venture. Logically, many would like to at least get back their initial down payment or capital contribution, but the requirements of a 1031 make that difficult to do directly. Because any gain is “top end loaded”, the first cash received by the investor from the sale is considered gain--- and is taxable. Is there a way to maximize the benefits of a 1031 while still freeing up a bit of equity?