Go Ahead, Ask

One of the most common questions we get from our podcast listeners, especially in today's crazy, fast-paced real estate market, is what type of investment real estate should I buy? Should I buy single-family residential properties (SFR), multi-family residential apartment properties (MFR), or some type of commercial real estate such as office, retail, industrial, etc? If I sell unimproved vacant land, what can I reinvest in? Should I invest in active management or go with passive management investment real estate such as net lease properties, syndicated tenant-in-common properties (TICs) or Delaware Statutory Trusts (DSTs)? We'll unravel this mystery in this episode of Go Ahead, ASK! Podcast. Email your 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode.

This is the 100th year anniversary of the 1031 Tax Deferred Exchange. Investors have been able to sell real estate held for rental, investment, or business use and defer the payment of Federal and most state taxes by reinvesting in other real estate also held for rental, investment, or business use for 100 years. Retirement account investors have been able to use their Self-Directed IRAs and Individual 401(k) Plans to invest in non-traditional assets, often called “alternative investments” since 1974. This includes real estate and real estate related assets, including various regulated investment options that require the investor to be an “accredited investor.” Real estate related assets can include real estate, promissory notes secured by deeds of trust or mortgages, tax lien certificates, limited partnerships, limited liability companies, and more. The “Build Back Better Act” (2021) continues to be advanced by the House Committee on Ways & Means, which may have a significant impact on your ability to use 1031 Exchanges, Self-Directed IRAs, and Individual 401(k) Plans. We're Unravel the Mystery of the Proposed Tax Policy Changes Affecting 1031 Exchanges, Self-Directed IRAs, and Individual 401(k) Plans. Email your 1031 Exchange, Self-Directed IRA, and/or Individual 401(k) Plan questions to ASK@exeterco.com and we'll address them in our next episode.

Our title always leads off with unraveling the mystery of because there is so much confusion and complication in the 1031 exchange industry. Today we discuss two of the most important issues involved in a 1031 Exchange. The Qualified Use Property requirement and the Like-Kind Property requirement. Your relinquished property and your replacement property must satisfy the Qualified Use and Like-Kind Property requirements to qualify for tax-deferred exchange treatment under Section 1031 of the Internal Revenue Code. Do you really have the intent to hold your relinquished property and replacement property for rental, investment or business use purposes? Do you need to hold the relinquished property and/or the replacement property for at least one year, or one year and one day, or two years? Let's unravel this mystery today on Go Ahead, ASK! Podcast.Email your 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode.

Most 1031 Exchange Qualified Intermediaries have NO government or regulatory oversight. The industry just does not have a regulatory body that is authorized to oversee, license or regulate 1031 Exchange Qualified Intermediaries. Selecting a Qualified Intermediary for your 1031 Exchange transaction is complex and confusing. Qualified Intermediaries are not created equal. We demystify the due diligence needed for the careful selection of a 1031 Exchange Qualified Intermediary. Discussion includes a breakdown of the role of the Qualified Intermediary, identifying and evaluating the risks of using a Qualified Intermediary, technical issues, their internal policies, procedures and audit controls, the use of separated, segregated Qualified Trust Accounts, investment and safeguarding of client 1031 Exchange funds, errors and omissions insurance, fidelity bond coverage, financial institution insurance bond, suggested due diligence questions, and possible avenues to become licensed and regulated? Email your 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode.

Self-Directed Traditional IRAs have existed since 1974 when the Employee Retirement Income Security Acts of 1974 (“ERISA”) was enacted. Self-Directed Roth IRAs came later in 1997 when Senator William Roth introduced legislation to create the Roth IRA as part of the Taxpayer Relief Act of 1997. Retirement account investors have been able to use their Self-Directed IRAs and Individual 401(k) Plans to invest in non-traditional assets, often called “alternative investments,” including various regulated investment options that require the investor to be an “accredited investor.” The “Build Back Better Act” has been advanced by the House Committee on Ways & Means, which will prevent retirement account investors from investing in these regulated non-traditional assets and require those who have already invested in these assets to divest themselves of these assets within two (2) years if the investments require the retirement account investor to be accredited, licensed, etc. Email your Self-Directed IRAs and Individual 401(k) Plans questions to ASK@exeterco.com and we'll address them in our next episode.

The definition of “like-kind” replacement properties for 1031 Exchange transactions includes many more investment options or asset classes than investors realize. Like-kind property simply means you must sell real estate and then reinvest in real estate. Any type of asset class that is considered to be real property will qualify as like-kind property, including asset classes like water rights, air rights, mineral rights and oil and gas interests. Today we unravel the mystery of buying and investing in minerals and oil and gas interests as replacement property solutions for 1031 Exchange transactions as well as Self-Directed IRAs and Individual 401(k) Plans. Email your 1031 Exchange or Self-Directed IRA and Individual 401(k) Plan questions to ASK@exeterco.com and we'll address them in our next episode.

Hard money loans, private money loans, and other promissory notes secured by deeds of trust or mortgages can make great investments inside Self-Directed IRAs and Individual 401(k) Plans. What are hard money loans? Why would you invest in a hard money loan? How do you invest in a hard money loan inside your Self-Directed IRA? What are the risks of investing in hard money or private money loans and notes? Hard money loans and private money loans are often referred to as trust deeds, deeds of trust, mortgages, or simply as buying paper)? Email your Self-Directed IRA and Individual 401(k) Plan or hard money loan questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

There are so many reasons why you might want – or need – to close on the acquisition of your replacement property before closing on the sale of your relinquished property as part of your 1031 Exchange. Buying your replacement property first is referred to as a Reverse 1031 Exchange. The Reverse 1031 Exchange can take much of the risk out of your 1031 Exchange since you can close on the purchase of your like-kind replacement property first. It can help address difficult real estate markets where there are multiple offers, bidding wars, offers above asking price, all-cash offers, short closing periods, etc. Email your Reverse 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

We unraveled the mystery of what Title Holding Trusts (Land Trusts) WILL DO in Episode 12 of Go Ahead, ASK, including the history, structure, parties involved, benefits, tax issues, financing considerations of holding real estate in Title Holding Trusts (Land Trusts), and we discussed what Title Holding Trusts (Land Trusts) WILL NOT DO. Today, we discuss how and why you would use a Title Holding Trusts (Land Trusts) with specific examples. Email your Title Holding Trusts (Land Trusts) questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Self-Directed IRAs and Individual 401(k) Plans are complicated and confusing and get even more complex when buying real estate related assets inside of the Self-Directed IRAs and Individual 401(k) Plans. Today we demystify how to buy real estate such as fee simple title (real estate), promissory notes secured by deeds of trust (generally referred to as Deeds of Trust), promissory notes secured by mortgages (generally referred to as Mortgages), tax lien certificates and entities such as LLCs, limited partnerships or corporations that own real estate inside of your Self-Directed IRAs and Individual 401(k) Plans. Email your Self-Directed IRAs and Individual 401(k) Plans questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Buying and selling real estate can be complicated and confusing. Once you have signed a purchase and sale agreement for the purchase or sale of real property, are you prepared for the closing and settlement process? Who will handle the closing and settlement process? What exactly is the closing process? What are the roles of an escrow company, a title insurance company or a closing attorney? What is title insurance and who does it protect? Who pays for the various closing costs? We demystify these questions and more.Email your escrow, title insurance, or closing process questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

It's easy to buy investment real estate. The tough part is deciding when to sell significantly appreciated investment property. Should you sell? When should you sell? What are your options if you do sell? Do you cash out and pay the taxes? Should you reinvest using a tax-deferred strategy? We demystify your options. Discussion includes a breakdown of the various tax strategies and investment options available to you. Should you just sell and pay your taxes or should you sell and structure a tax-deferred transaction such as a Seller Carry Back Note (Instalment Sale), 1031 Tax Deferred Exchange, 1033 Tax Deferred Exchange, Charitable Trust or a Qualified Opportunity Zone (QOZ) Investment Fund. If you structure a tax-deferred exchange, should you reinvest in active real estate or passive investment real estate and what type of real estate (asset classes) would be suitable for you?Email your 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

What now? How does this affect you from a tax perspective? What are your options? Involuntary conversions of real estate such as eminent domain or even natural disasters do not have to end badly. We're going to unravel this mystery today on Go Ahead, ASK! 1033 Exchanges due to Involuntary conversions from an eminent domain action (condemnation) by a government agency or from a natural disaster such as a fire, flood, hurricane, tornado, mudslide or other act of God are complex and confusing. There is little guidance from the IRS on 1033 Tax Deferred Exchanges. We demystify what qualifies and what doesn't when an involuntary conversion occurs, and you are faced with structuring a 1033 Exchange. Discussion includes compliance issues such as what kind of real or personal property qualifies for 1033 Exchange treatment, what types of replacement property would be classified as Qualified Use and Like-Kind, what deadlines are involved, what and how much do you have to reinvest to satisfy the reinvestment requirements, how cash or equity that is not reinvested is treated for tax purposes and how a 1033 Exchange is reported. Email your 1033 Exchange questions to ASK@exeterco.com and we'll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

The rules for identifying and acquiring qualified use and like-kind replacement properties in a 1031 Exchange transaction are complex and confusing. Your 1031 Exchange 45 calendar days identification deadline can be exceptionally challenging, especially in fast-paced real estate markets. Today we discuss qualified use and like-kind replacement property requirements, including the type of real estate assets (asset classes) that can be identified and acquired as part of your 1031 Exchange strategy. You will be surprised at some of the real properties that are considered like-kind and qualify for tax-deferred exchange treatment under Section 1031 of the Internal Revenue Code. Discussion includes critical issues such as demonstrating intent to hold for rental, investment or business use, definition of qualified use and like-kind replacement property, strategies for listing and selling your relinquished property and making offers and acquiring replacement properties in a challenging and fast-paced real estate market, active vs. passive ownership of real property, and the various real property classes that qualify for 1031 Tax Deferred Exchange treatment. Email your 1031 Exchange questions to ASK@exeterco.com and we'll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing, especially when adding a foreign seller to the equation that falls under the mandatory Federal FIRPTA withholding requirements. Our guest expert Michael W. Brooks, Esq., helps us demystify the mandatory Federal FIRPTA withholding requirements when a 1031 Exchange is involved. Discussion includes a breakdown of who falls under the mandatory Federal FIRPTA withholding requirements, how much FIRPTA withholding is required, how to obtain a Certificate of Exemption to the FIRPTA withholding requirements, and how FIRPTA withholding can complicate a 1031 Exchange transaction.Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing. Finding, identifying, and acquiring like-kind replacement property as part of a 1031 Exchange can be challenging. This episode explores the Delaware Statutory Trust (DST) as a replacement property option for 1031 Exchanges. Discussion will include the definition of a Delaware Statutory Trust, the structure of a Delaware Statutory Trust, why an investor would invest in a Delaware Statutory Trust, the benefits, risks, pros and cons of a Delaware Statutory Trust, and who can sell Delaware Statutory Trusts or DSTs. Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Navigating the business of investing in promissory notes inside Self-Directed IRAs and Individual 401(k) Plans. What does that mean? What are the benefits of buying notes in a retirement account? How can you get started? Our guest describes it as “Dancing between property and paper.” Dawn Rickabaugh is the owner of NQ Capital (NoteQueen.com), a small, family-operated investment company that buys both property & paper. She buys seller-financed notes across the country and helps others get started investing in notes. She also buys & sells real estate in Carson City, Nevada (Reno-Tahoe area), and consults in real estate transactions that involve owner financing. Self-Directed IRA and Individual 401(k) Plan account owners have become increasingly frustrated with Wall Street. Real estate investors want to invest in what they know, understand, and love – real estate. And yet, so many IRA Custodians only allow stocks, bonds, and mutual funds as investment vehicles. Investors want options, choices, especially when it comes to real estate. Investing in promissory notes secured by real estate – often referred to as buying paper – inside of a Self-Directed IRA and Individual 401(k) Plan is one such option. You can buy real estate, deeds of trust, mortgages, promissory notes and other “paper” inside Self-Directed IRAs and Individual 401(k) Plans. Join Dawn Rickabaugh and host Bill Exeter as they unravel this mystery today! Email your Self-Directed IRAs and Individual 401(k) Plans questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Property taxes get more and more complicated, especially in the state of California. California Proposition 19 was passed by voters in November 2020. Proposition 19 has significant effects on the transfer of real estate – both primary residences and rental or investment property – to children and grandchildren. Discussion includes how California Proposition 19 primary impacts current California property tax laws, including the Parent to Child (Prop 58), Grandparent to Grandchild (Prop 193) and Senior Exclusion from Reassessment (Prop 60 and Prop 90). Join expert guests Tony Krvaric, President and CEO, Krvaric Capital, and Jordan Marks, Esq., Taxpayer Advocate, San Diego County Assessor/Recorder/County Clerk for an in-depth discussion of California Proposition 19.Email your questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchanges and commercial real estate investments are complex topics. Questions like what type of investment real estate should you buy? What geographic areas should you explore? What commercial real estate asset classes are doing well and those that are not doing well? We demystify these questions and focus on the commercial real estate investment markets in Illinois. Discussion includes commercial real estate investment areas/sectors in Illinois, asset classes/geographic areas seeing the most growth and those that are underperforming in Illinois, commercial real estate trends in Illinois and beyond, using Delaware Statutory Trusts (DSTs) in a real estate investors portfolio, and why investors might want to consider investing in commercial real estate in Illinois.Email your 1031 Exchange and commercial real estate questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing, especially when trying to locate, identify and acquire like-kind replacement properties for your 1031 Exchange. Investors often get tired of property management headaches and look for passive income properties such as net lease properties (NNN or Triple Net Lease Properties). Podcast discussion includes a breakdown of what is a net lease property, types of net lease properties such as net lease, net-net lease, triple net lease, absolute net lease, ground lease, and more, examples of tenants and analysis of tenants, lease guarantees, and net lease analysis as an investment or replacement property for your 1031 Exchange.Email your 1031 Exchange or Net Lease Property questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Owning real estate involves many complex issues, especially if confidentiality and privacy are important to you. Buying, holding, exchanging, and selling real property in a confidential and private manner through Title Holding Trusts (Land Trusts) can be a powerful tool. There are many benefits to owning and holding real estate through a Title Holding Trust (Land Trust). There is also lots of misinformation on Title Holding Trusts (Land Trusts). We demystify the Title Holding Trust (Land Trust). Discussion includes a breakdown of what is a Title Holding Trust (Land Trust), how can you use them, what are the benefits, and just as important what do they not do that many people claim they will do. Email your Title Holding Trust (Land Trust) questions to Exeter Trust Company at ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

On episode 11 of Go Ahead, Ask - 1031 Exchange transactions are complex and confusing. Locating like-kind replacement properties can be challenging. The Delaware Statutory Trust or DST can help. We demystify how the Delaware Statutory Trust can help you with your 1031 Exchange replacement property needs. Discussion includes a breakdown of what is a Delaware Statutory Trust, what is like-kind property, why would you want to purchase a Delaware Statutory Trust or DST, and what are the benefits of a DST? Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. You can RSVP for the webinar here: http://www.exeter1031.com/Seminars.aspxSubscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Self-Directed IRAs and Self-Directed Individual 401(k) Plans or Solo Ks are complex and confusing self-directed retirement account strategies. We demystify the Self-Directed IRA and Self-Directed Individual 401(k) Plan. Discussion includes a breakdown of what is a Self-Directed IRA, the type of Self-Directed IRAs, what you can invest in through a Self-Directed IRA or Solo-K such as Alternative Investments like real estate, promissory notes secured by real estate, deeds of trust, mortgages, tax lien certificates, limited partnerships, limited liability companies (LLCs), how to safely transfer your Self-Directed IRA to another IRA Custodian, how to set-up your Self-Directed 401(k) Plan, what are permissible investments vs. prohibited transactions, the valuation issues involved in a Self-Directed IRA, how IRA Custodians are different, how to buy real estate in a Self-Directed IRA or Self-Directed 401(k) Plan or Solo K Plan, and more. Email your Self-Directed IRAs or Self-Directed 401(k) Plan questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing. We demystify what happens when a 1031 Exchange transaction is not completed. Discussion includes: When is a failed 1031 Exchange taxable? What taxes will be due when a 1031 Exchange fails? Are there any penalties for a failed 1031 Exchange? Can a partial 1031 Exchange qualify? Is there any way that I can still defer my taxes if I can’t complete my 1031 Exchange? Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing and may not always be the best solution for the investor. We demystify the various tax-deferred and tax-exclusion strategies that might be a better solution under certain circumstances. Discussion includes a breakdown of IRC Sections 121 (Primary Residence), Section 453 (Installment Sale), Section 721 (upREIT or 1031/721), Section 1031 (Rental, Investment or Business Use Property), Section 1032 (corporate stock), Section 1033 (involuntary conversion, eminent domain, natural disasters), Section 1034 (primary residence, repealed), Section 1035 (exchange of annuities), Qualified Opportunity Zone Investments (Episode 7), and Charitable Remainder Trusts (CRTs). Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Qualified Opportunity Zone Investment transactions are complex and confusing. Go Ahead, ASK! demystifies what qualifies and what doesn’t. Join us for a discussion with David Levinson, 1031 Property Specialist, American Trust Investment, Inc., which includes the history and background and benefits of Qualified Opportunity Zone Investments, the differences between Qualified Opportunity Zone Investment Funds and 1031 Exchanges, how the QOZ works, property types available through a QOZ Fund, and selecting OpZone Funds for investment including a hypothetical case study. Email your investment real estate questions to ASK@exeterco.com and we’ll address them in our next episode.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing. We demystify what qualifies and what doesn’t. Discussion includes a breakdown of what permissible 1031 Exchange expenses are, what non-permissible 1031 Exchange expenses are, and how to avoid creating taxable boot by inadvertently paying non-permissible 1031 Exchange expense out of your relinquished property sale proceeds? Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

1031 Exchange transactions are complex and confusing. We demystify what qualifies and what doesn’t. Discussion includes whether you have to own your relinquished property sold and your replacement property acquired in the exact same name in a 1031 Exchange? Email your 1031 Exchange questions to ASK@exeterco.com and we’ll address them in our next episode. Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

Unraveling the Mystery of 1031 Exchanges – Part 2. Exchange transactions are complex and confusing. We demystify what qualifies and what doesn’t. Discussion includes how and when to identify replacement properties, how much do you have to reinvest, permissible and non-permissible 1031 Exchange expenses, partial 1031 Exchanges, and more.Email your 1031 Exchange questions to ASK@exeterco.com and we’ll answer them in the next podcast.Subscribe to our YouTube channel here: https://www.youtube.com/TheExeterGroupofCompanies/

There are two propositions on the California General Ballot in November 2020 that could have a significant impact on real estate values. California Propositions 15 and 21. California Proposition 15 – Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative. California Proposition 21 – Local Rent Control Initiative. Our panel of experts, including Bill Exeter, Chief Executive Officer, Exeter 1031 Exchange Services, LLC and Exeter Trust Company; Mark Turok, Business Development Officer, Exeter 1031 Exchange Services, LLC and Exeter Trust Company; Doug Taber, CCIM, Rental Housing Group, Keller Williams Realty; Carl DeMaio, Chairman of Reform California; and Molly Kirkland, Southern California Rental Housing Association; will discuss the real issues and purpose hidden behind California Props 15 and 21 and the horrible impact they each could have on real estate values in California if passed in November.Email your 1031 Exchange questions to ASK@exeterco.com and we’ll answer them in the next podcast.

Presidential candidate Joe Biden has announced he intends to eliminate 1031 Exchanges should he become President. Hosts Bill Exeter and Lauren Speidel discuss with Daniel Wagner, Senior Vice President, Government Relations, with The Inland Real Estate Group, LLC the proposal to eliminate 1031 Exchanges and the effect it would have on the real estate industry and the U.S. economy.

Unraveling the Mystery of 1031 Exchanges – Part I. 1031 Exchange transactions are complex and confusing. We demystify what qualifies and what doesn’t. Discussion includes how to choose a Qualified Intermediary, what qualifies for tax-deferred exchange treatment under Section 1031, Qualified Trust Accounts, and what properties are considered like-kind. Email your 1031 Exchange questions to ASK@exeterco.com and we’ll answer them in Part II.