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Consider using the 3-property rule for your 1031 identification. You can identify up to 3 potential replacement properties regardless of their fair market value. This would let you name your neighbor's property plus 2 backup options in case they don't sell in time. Gives you some flexibility while still targeting the property you really want.
Does the 3-property rule require you to buy all 3 properties, or can you just pick one of them? Sorry if that's a dumb question, I'm new to 1031 exchanges.
Not a dumb question at all! With the 3-property rule, you can identify up to three potential replacement properties, but you only need to actually purchase one of them to complete your exchange. The rule just gives you options. You could identify your neighbor's property as your first choice, and then add two other viable properties as backups. As long as you acquire at least one of those identified properties within the 180-day completion period, your exchange will be valid. This approach gives you the flexibility to target the property you really want while having fallback options.
I tried doing something similar last year and it didn't work out. My neighbor changed their mind about selling and I had to scramble to find another property within the 180 days. Ended up buying something I wasn't that excited about just to complete the exchange. Make sure you have solid backup options!
Was it still worth doing the exchange even though you had to settle for a property you weren't excited about? Did the tax savings justify it?
Yeah, the tax savings definitely made it worthwhile even with the compromise property. I saved about $45K in capital gains taxes that would have been due immediately. The property I ended up with isn't perfect but it's still generating decent rental income and appreciating. Sometimes you have to take what's available to preserve the tax benefits. Just make sure you run the numbers on your backup options beforehand so you know they still make financial sense.
Has anyone used a DST (Delaware Statutory Trust) as their replacement property after doing a cash-out refinance on their relinquished property? I'm considering this because DSTs typically come with existing financing that might help satisfy the debt replacement requirements mentioned above.
I did this last year. Used a DST as my replacement property after refinancing my apartment building about 5 months before the exchange. The nice thing about the DST was that the sponsor had already arranged the financing, so I didn't have to worry about qualifying for a new loan on the replacement property while having the relinquished property's refinance on my credit report. The qualified intermediary was careful to make sure the debt ratio on the DST matched or exceeded what I had on my relinquished property after the refinance. One thing to watch for - make sure you have enough DST options available when you're ready to exchange, as sometimes the offerings with the right debt ratios can sell out quickly.
Great discussion here! I want to add another perspective based on my recent experience. I did a cash-out refinance about 10 months before my 1031 exchange, and one thing that really helped was getting a formal tax opinion letter from my CPA before proceeding with the exchange. The letter documented the business purpose for the refinance (I used the funds to acquire another rental property) and explained why it was a separate transaction from the planned exchange. When I met with my qualified intermediary, having this documentation made them much more comfortable with the situation. Also worth noting - if you're considering this route, make sure your refinance lender is aware you might be selling the property within the next year or two. Some loan agreements have prepayment penalties or require notification before sale. You don't want any surprises during your 45-day identification period that could derail your exchange timeline. The key is really about documentation and demonstrating clear separation between the two transactions. Keep detailed records of what you do with the refinance proceeds and make sure there's a legitimate business purpose beyond just accessing equity before the exchange.
Has anyone mentioned the tax implications if the OP decides to quit freelancing after just this one project? I had something similar happen - claimed startup expenses for a business that I ended up abandoning after just one client. The IRS sent me a letter questioning the business loss because I didn't continue the business in subsequent years. Had to provide documentation proving I genuinely intended to continue the business when I made those investments.
This is a really good point! The concept is called "continuity and regularity" - the IRS wants to see that you're pursuing the activity with continuity and regularity for profit rather than as a one-off.
Great discussion everyone! Just wanted to add a practical tip for anyone in this situation - make sure you're crystal clear about which expenses are truly business startup costs vs. personal purchases. For example, if you bought a laptop that you use 80% for business and 20% for personal use, you can only deduct the business portion. Same with software subscriptions - if you're using Adobe Creative Suite for freelance work but also personal projects, you'll need to calculate the business use percentage. Also, keep detailed records of your business intent from day one. I always recommend new freelancers create a simple business plan (even just a one-page document) outlining their services, target market, and profit goals. This documentation becomes invaluable if the IRS ever questions whether your activity is a legitimate business vs. a hobby, especially when you're showing losses in the first year. The laptop and software expenses you mentioned should definitely qualify, but make sure you can demonstrate they were purchased specifically for your freelance business activities.
Has anyone checked the IRS "Where's My Refund" tool? Sometimes that will show pending payments even before they fully process. Go to irs.gov and click on "Get Your Refund Status" - you'll need your SSN, filing status, and exact refund amount, but it might show what this payment is for.
The "Where's My Refund" tool only works for the current tax year refunds you're expecting. It won't show adjustments, stimulus payments, or other types of Treasury disbursements. For those, you need to check your tax transcript instead.
I'm active duty as well and had a similar situation last year. Turned out to be a correction from when I had to file an amended return due to military spouse residency issues - the IRS processed it way later than expected. One thing to check: if you used the military's free tax software (MilTax) or got help from the base tax center, they sometimes file amendments automatically if they catch errors. You might not even realize an amended return was submitted on your behalf. Also, TREAS 310 payments specifically from "MCFT" usually indicate it's a Treasury-processed payment rather than a regular IRS refund. Could be related to a Treasury offset program credit or even unclaimed military pay that was finally processed. The January 15th timing is actually pretty standard for when the Treasury starts releasing accumulated adjustments from the previous year. Once it posts, definitely check your military pay statements on myPay to see if there are any notes about tax corrections or back pay.
Thanks for the insight about MilTax and the base tax center! I actually did use the free tax prep service on base this past year, so it's totally possible they filed something I'm not aware of. I never thought about checking myPay for any notes - that's a great suggestion. Do you know if there's a way to see if an amended return was filed on your behalf? I don't remember signing anything for that, but maybe it's part of the standard process when they catch errors? The "MCFT" designation is interesting - I hadn't heard that distinction before about Treasury-processed vs regular IRS payments. That actually makes me feel a bit better that this might be legitimate back pay or a correction rather than some random mistake.
Nia Jackson
Just want to add - I did a similar transaction last year and the timing requirements of the 1031 exchange are no joke! The 45 days to identify potential replacement properties flies by, especially in today's market where good investment properties get snapped up quickly. My advice: start looking for replacement properties BEFORE you close on your sale. You can't officially identify them until after closing, but having a shortlist ready will save you a lot of stress during those 45 days. Also, work with a real estate agent who understands investment properties and 1031 exchanges. I wasted precious time explaining the requirements to an agent who kept showing me properties that wouldn't work for my exchange.
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GalacticGuru
ā¢Thanks for the timing advice! Did you end up finding enough suitable properties within the 45 days? I'm worried about identifying properties that might go under contract with someone else before I can make an offer.
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Nia Jackson
ā¢I identified 5 properties (remember you can identify up to 3 without restriction, or more if you follow certain valuation rules). Two of them went under contract before I could make an offer, but I successfully closed on my third choice within the 180-day window. My QI suggested using the "three property rule" at minimum - identify 3 properties regardless of their value. But you can also use the "200% rule" where you can identify more properties as long as their combined value doesn't exceed 200% of your sold property. Given today's competitive market, I'd recommend identifying as many properties as the rules allow to give yourself options.
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Carmen Flores
One thing I haven't seen mentioned yet is the importance of getting proper tax advice on the state level too. While federal rules allow the combination of 121 exclusion and 1031 exchange, some states have different rules or don't recognize one or both of these benefits. For example, in some states you might face state capital gains tax even if you successfully defer federal taxes through the 1031 exchange. And the timing of when you need to file state forms might be different from federal requirements. I learned this the hard way when I did a similar transaction - ended up owing unexpected state taxes even though my federal situation was handled correctly. Make sure to check with a tax professional who knows your state's specific rules, especially if you're buying replacement property in a different state than where you're selling. Also, don't forget about the potential impact on your state tax residency status if you're moving to a different state as part of this transaction!
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Isabella Oliveira
ā¢This is such an important point that often gets overlooked! I'm actually dealing with this exact issue right now. I'm selling a property in California and looking at replacement properties in Texas, thinking I'd avoid state income tax on the gains. But my tax advisor warned me that California might still want their piece since I was a CA resident when I acquired the original property. The rules around state tax residency and when you "realize" the gain can be really tricky, especially with the timing differences between when you sell and when you complete the exchange. Definitely worth spending money upfront on state-specific tax advice rather than getting surprised later!
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