Reinvest Cash Proceeds and Replace Debt To achieve total tax deferral, all cash proceeds from the sale of the relinquished property must be reinvested in
the replacement property and any debt relieved must be replaced or netted with new cash.
Not exact matches
In those cases —
and if you are current on payments — you can surrender the
property to pay off creditors; reaffirm the
debt and continue to pay it after the bankruptcy; or redeem it by paying the creditor the
replacement value of the
property.
And, you must replace the
debt that was paid off on the sale of the relinquished
property with an equal amount of
debt on the like - kind
replacement property.
In order to defer 100 % of the applicable depreciation recapture
and capital gain income tax liabilities, Investors must meet three requirements when structuring tax - deferred like - kind Exchanges: (1) Exchange or trade equal or up in value;
and (2) reinvest 100 % of the Investors equity (net cash proceeds from sale of relinquished
property);
and (3) replace any
debt with new
debt on the
replacement property.
There is conflicting information on whether or not the
debt has to be equal
and I've decided the FMV being equal on the
replacement properties is the most important factor to remember.
You can allocate the equity put down
and the
debt take out anyway you wish as long as the
Replacement Properties that you acquire have a total combined purchase cost that is equal to or greater than the Net Sale Price of your Relinquished
Property (not net equity or net profit, but Net Sale Price)
and you reinvest all of the net equity (cash) into the
Replacement Properties.
Partial Exchange: When a tax - deferred like - kind exchange entails receiving cash, excluded
property and / or non-like-kind
property and / or any net reduction in
debt (mortgage relief) on the
replacement property as well as an exchange of qualified, like - kind
property.
Generally, for full tax deferral, you must (1) acquire like - kind
replacement property that is equal to or greater in value than the relinquished
property sold (based on net sales price, not based on your equity); (2) must reinvest all of the net proceeds or cash (net equity) generated from the sale of the relinquished
property;
and, (3) must replace the amount of old
debt that was paid off on the disposition of the relinquished
property with new
debt of an equal amount on the like - kind
replacement property.