EThe Elevated Property GroupLauren J. Coombs, CCIM(310) 439-8052
1031 Exchange

What a reverse 1031 exchange actually requires

Buying before you sell is possible, but the replacement property has to be parked with a third party and the clock starts the day it closes.

Lauren J. Coombs, CCIM, Member Associate, Society of Industrial and Office Realtors (SIOR), Real Estate Broker and Advisor

Most exchanges run forward: you sell the relinquished property, a qualified intermediary holds the proceeds, and you identify and close on a replacement. A reverse exchange inverts that order. You acquire the replacement property first, then sell the property you already own.

Owners reach for it when the right building appears before their own is ready to list, or when a seller will not wait for a contingent sale. It works. It is also a heavier structure than most people expect.

You cannot hold both properties at once

The IRS safe harbor for reverse exchanges, laid out in Revenue Procedure 2000-37, requires that one of the two properties be held by an Exchange Accommodation Titleholder, usually an affiliate of your qualified intermediary. The EAT takes title and parks the property while the rest of the transaction plays out.

Which property gets parked is a real decision. Parking the replacement is more common. Parking the relinquished property can make sense when the replacement has financing or entity requirements that a temporary titleholder would complicate.

The clock is the same, and it starts early

  • 45 days from the parking date to identify the property that will be sold
  • 180 days from the parking date to complete the whole exchange
  • No extensions, and weekends and holidays count

The practical consequence: your disposition marketing should be underway before the replacement closes, not after. Pricing a property under a 180-day gun is the fastest way to give away the gain the exchange was meant to protect.

Budget for the structure, not just the property

Expect EAT fees, a second set of closing costs when title transfers out of the parking entity, and a lender who needs to underwrite a borrower that is temporarily not you. Lenders who do these regularly are worth finding early. Lenders who do not will discover the structure two weeks before closing.

When it is worth it

A reverse exchange earns its cost when the replacement property is genuinely hard to replace and the deferred gain is large. It rarely earns its cost on a commodity building you could buy again in ninety days. If you are weighing one, price out the fees against the tax you would actually owe before committing to the structure.

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