Skip to content
  • Investment Options
    • CVC 1031 Exchange
      • FAQ
    • CVC Balanced Fund
    • CVC Income Fund
  • About Us
    • Vertical Integration
  • Multifamily Portfolio
  • Investor Relations
  • Get Started
  • Blog
  • Investment Options
    • CVC 1031 Exchange
      • FAQ
    • CVC Balanced Fund
    • CVC Income Fund
  • About Us
    • Vertical Integration
  • Multifamily Portfolio
  • Investor Relations
  • Get Started
  • Blog
  • Investment Options
  • About Us
  • Multifamily Portfolio
  • Investor Relations
  • Get Started
  • Blog
Contact Us
  • Investor Portal
  • Fund Transfers
  • Investor Portal
  • Fund Transfers

Reverse 1031 Exchange Rules

  • March 5, 2024
1031-exchange-tic-cvc

The old axiom that nothing in life is guaranteed other than “death and taxes” typically rings true. Nevertheless, a growing number of real estate investors are discovering that the certainty of taxes on specific transactions may not be as guaranteed as previously believed.

Utilizing the 1031 exchange, investors can defer taxes on investment property sales by reinvesting proceeds. While this process usually involves strict rules, the reverse 1031 exchange offers flexibility. In this article, I’ll explore reverse 1031 exchange rules and compare them with traditional 1031 exchanges.

Reverse 1031 Exchange Rules

Investors favor 1031 exchanges for their tax benefits, allowing them to reinvest sale proceeds in new properties, preserving capital. Yet, these exchanges entail complexity and timelines, with the IRS offering slight flexibility in acquiring replacements.

In a standard exchange, the original property sells first; then, a replacement is acquired within set limits. In contrast, a reverse 1031 exchange involves acquiring the replacement property first, then selling the original and completing the exchange with the proceeds.

Reverse 1031 exchanges are a unique way in which the IRS affords investors a bit of flexibility in approaching 1031 exchanges. However, investors must still be aware of the specific reverse 1031 exchange rules they are beholden to.

Reverse 1031 Exchange Rules Investors Need to Know

  1. Qualified Intermediary (QI) Requirement 

Just like with a 1031 exchange, investors need to use a QI to facilitate the exchange. QIs play a role in maintaining the transaction’s structure and ensuring it complies with IRS regulations.

  1. Exchange Accommodation Titleholder

In a reverse 1031 exchange, an EAT typically acts as a temporary owner of the replacement property, acquiring and holding the title to the replacement property until the exchange is completed.

  1. Identification Period

The identification period for the original property starts after acquiring the replacement property, mirroring a traditional 1031 exchange. The investor must identify the original property within the 45-day identification period, starting from the say they acquired the replacement property.

  1. Exchange Period

The exchange period begins from the day the replacement property is acquired. The investor has 180 days from this date to complete the exchange, including the sale of the original property and transfer of ownership of the replacement property from the EAT to the investor. 

  1. Financing 

Financing the acquisition of the replacement property can be more complex in a reverse 1031 exchange. This financing is due to traditional lenders hesitating to lend directly to an EAT.

  1. Original Property Sale 

The original property must be sold within the exchange period–180 days after acquiring the replacement property. The sales proceeds from the original property must be used to complete the exchange by acquiring the replacement property from the EAT.

  1. Tax Reporting 

The exchange is reported on IRS Form 8824, similar to a standard 1031 exchange. However, additional documentation and careful adherence to IRS guidelines are necessary due to the reverse nature of the exchange.

  1. Compliance with IRS Regulations 

It’s crucial to ensure that the reverse exchange complies with all IRS regulations, including those related to identification periods, exchange periods, and like-kind property requirements.

  1. Professional Guidance

Due to the reverse 1031 exchange’s complexity and potential pitfalls, investors should seek advice from qualified tax professionals, attorneys, and real estate advisors to navigate the process successfully.

Benefits of a Reverse 1031 Exchange

1031 exchanges are typically very restrictive in their application, contrasting the flexibility they afford investors in retaining capital and acquiring new and varied property types. However, the existence of the reverse 1031 exchange is one of the few ways the IRS allows some flexibility within the process itself. 

They also allow investors to enjoy a few unique advantages they may not experience with a traditional 1031 exchange.

  • Enhanced Flexibility: With the ability to acquire a replacement property upfront, investors enjoy greater flexibility in taking advantage of 1031 exchanges.
  • Risk Mitigation: By securing the replacement property before relinquishing the original property, investors can potentially mitigate the risk of market fluctuations affecting their exchange outcomes. 
  • Strategic Advantage: Leveraging the reverse exchange empowers investors to execute complex transactions precisely, unlocking the potential for portfolio growth and diversification.

It should be noted that these advantages are not universal and that all investment strategies carry some level of risk. Investors should consult a tax professional or financial advisor before committing to a new investment strategy. 

Canyon View Capital Offers 1031 Exchange Investment Options for Investors

Now that you understand reverse 1031 exchange rules better, you will likely be considering your next investment move. 

Canyon View Capital simplifies 1031 exchanges, including reverse exchanges, for investors. Invest in one or more of our multifamily properties as Tenants in Common to enjoy the benefits of real estate investing–with genuinely passive income–without property management headaches. With diverse replacement property options, we streamline 1031 exchanges, easing identification requirements.

Ready to upgrade your portfolio with diversified, stable investments?

For over 40 years, Canyon View Capital has managed, owned, and operated real estate, now valued at over $1B1. Our buy-and-hold strategy, concentrated in America’s heartland, is designed to provide consistent investment returns.

Want to learn more about reverse 1031 exchange rules? Reach out today! 

AM I ACCREDITED?
GET STARTED
1$1B figure based on aggregate value of all CVC-managed real estate investments valued as of March 31, 2023.

Gary Rauscher, President

When Gary joined CVC in 2007, he brought more than a decade of in-depth accounting and tax experience, first as a CPA, and later as the CFO for a venture capital fund. As President, Gary manages all property refinances, acquisitions, and dispositions. He works directly with banks, brokers, attorneys, and lenders to ensure a successful close for each CVC property. His knowledge of our funds’ complexity makes him a respected executive sounding board and an invaluable financial advisor.

This article is being provided for informational purposes only.  The content is not an offer or invitation for subscription of purchase of or a recommendation to purchase real estate or securities.

Information and opinions provided herein reflect the views of the author as of the publication date of this article. Such views and opinions are subject to change at any point and without notice. Some of the information provided herein was obtained from third-party sources believed to be reliable but such information is not guaranteed to be accurate.

This article does not provide any individual advice. The author has not considered the investment objectives, financial situation, or particular needs of any investor. Any forward-looking statements or forecasts are based on assumptions only, and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Any assumptions and/or projections displayed are estimates. No investment decision should be made based solely on any information provided herein. Past performance is not necessarily an indication of future results.

Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk.

Nothing herein is, or is intended to constitute, investment, tax, or legal advice or a recommendation to buy or sell any types of real estate, securities, or investments.  There is a risk of loss relating to any investment in real estate or securities, including the risk of total loss of principal, which an investor will need to be prepared to bear. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be profitable or suitable for a particular investor’s financial situation or risk tolerance. You are encouraged to consult your investment, tax, and legal advisors regarding you particular circumstances, and what may be advisable for you.

Eager to Find Alternatives to Stock Market Fluctuations?

Canyon View Capital’s approach is tailored for tax-advantaged, passive income, offering you the chance to become a hands-free real estate investor. We prioritize client satisfaction and respect, ensuring that both seasoned and new investors feel heard and valued by our dedicated team

Verified accreditation status required.

 

CONTACT US
AM I ACCREDITED?
VIEW INVESTMENT OPTIONS

This page is being provided for informational purposes only.  The content is not an offer or invitation for subscription of purchase of or a recommendation to purchase real estate or securities.

Such views and opinions are subject to change at any point and without notice. Some of the information provided herein was obtained from third-party sources believed to be reliable but such information is not guaranteed to be accurate.

This page does not provide any individual advice. CVC has not considered the investment objectives, financial situation, or particular needs of any investor. Any forward-looking statements or forecasts are based on assumptions only, and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Any assumptions and/or projections displayed are estimates. No investment decision should be made based solely on any information provided herein. Past performance is not necessarily an indication of future results.

Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk.

Nothing herein is, or is intended to constitute, investment, tax, or legal advice or a recommendation to buy or sell any types of real estate, securities, or investments.  There is a risk of loss relating to any investment in real estate or securities, including the risk of total loss of principal, which an investor will need to be prepared to bear. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be profitable or suitable for a particular investor’s financial situation or risk tolerance. You are encouraged to consult your investment, tax, and legal advisors regarding you particular circumstances, and what may be advisable for you.

Follow Us

Facebook-f Linkedin-in

Discover CVC

  • Investment Options
    • CVC 1031 Exchange
      • FAQ
    • CVC Balanced Fund
    • CVC Income Fund
  • About Us
    • Vertical Integration
  • Multifamily Portfolio
  • Investor Relations
  • Get Started
  • Blog
  • Investment Options
    • CVC 1031 Exchange
      • FAQ
    • CVC Balanced Fund
    • CVC Income Fund
  • About Us
    • Vertical Integration
  • Multifamily Portfolio
  • Investor Relations
  • Get Started
  • Blog

Current Investors

  • Investor Portal
  • Fund Transfer

Contact Info

  • (831) 480-6335
  • investor-relations@
    canyonviewcapital.com
  • 331 Soquel Avenue, Suite #100 Santa Cruz, CA 95062

Privacy Statement