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Giovanni Colombo

Is it OK to payoff a mortgage just prior to doing a 1031 exchange? Timing question

Hey fellow tax nerds, I've got this investment property that I'm planning to sell and use a 1031 exchange to defer the taxes. It's worth about $425,000 now and I've still got a mortgage balance of around $115,000 on it. I'm thinking of using some cash I have saved up to pay off the mortgage completely before doing the 1031 exchange. My question is - will this cause any problems with the exchange? I've heard different things from different people. Some say it doesn't matter since I'll still be exchanging the full property value, others say I might run into issues with the IRS viewing it as receiving "boot" or something. I'd rather pay off the loan first because I think it'll make the whole process cleaner, but I don't want to mess up the tax-deferred status of the exchange. Has anyone done this before or know the official IRS stance on this? My CPA is out of town until next week but I'm trying to make some decisions now. Thanks for any insights!

This is a great question about 1031 exchanges. Paying off your mortgage just before a 1031 exchange won't disqualify the exchange, but there are some important considerations to keep in mind. The key is understanding how "boot" works in a 1031 exchange. When you do an exchange, you need to reinvest all of the proceeds into the replacement property to fully defer taxes. If you receive any cash or debt relief that you don't reinvest, that's considered "boot" and will be taxable. In your case, by paying off the $115,000 mortgage before the exchange, you're essentially changing your equity position in the property. When you then do the exchange, you'll need to make sure you take on at least the same amount of debt in your replacement property (or add more cash to compensate). Otherwise, the IRS could view it as receiving debt relief during the exchange, which would be taxable boot. The timing of the payoff isn't really the issue - it's making sure that your overall debt and equity positions in the replacement property meet the 1031 requirements. Talk to a qualified intermediary before making any moves!

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Dylan Cooper

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Thanks for the explanation, but I'm still confused about one thing. Let's say I pay off the mortgage now, so I own the property free and clear. Then I do the 1031 exchange and buy a property worth $500k with a new $250k mortgage. Would that still qualify for full tax deferral, or would I have some boot because my debt position changed?

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The good news is that in your example, you would still qualify for full tax deferral. When you increase your debt on the replacement property compared to what you had on the relinquished property, that's not a problem for 1031 purposes. The issue only comes up when you decrease your debt without compensating for it with additional cash. So in your scenario, going from a paid-off property to one with a $250k mortgage is perfectly fine for a 1031 exchange. The key rule to remember is that your replacement property should be equal to or greater in value than your relinquished property, and you need to reinvest all proceeds from the sale.

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Sofia Ramirez

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I used taxr.ai when I was in almost the exact same situation last year. I had a rental property with about $90k left on the mortgage that I wanted to sell in a 1031 exchange, and I had the same question about paying it off first. I was getting conflicting advice from my real estate agent and a friend who's an accountant. I uploaded my mortgage statements and some documents about the potential 1031 exchange to https://taxr.ai and got an analysis that really cleared things up. They explained that paying off the mortgage itself wasn't an issue, but I needed to be careful about the overall debt-equity structure of the replacement property to avoid creating boot. They even ran some numbers on different scenarios based on properties I was considering. Honestly saved me from what could have been a costly mistake because I was about to structure the deal in a way that would have triggered some taxable gain.

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Dmitry Volkov

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How long did it take to get your analysis back? I'm in a similar situation but need answers pretty quickly as I have a property under contract already.

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StarSeeker

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Does taxr.ai connect you with actual tax professionals or is it just some kind of automated system? I've been burned by "AI tax help" before that just gave generic advice.

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Sofia Ramirez

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I got my analysis back in less than 24 hours. I submitted everything in the evening and had comprehensive answers by the next afternoon. They're pretty quick which was helpful since I was also on a timeline with a hot market. For your question about whether it's actual professionals or just AI - it's both actually. The system analyzes all your documents first and then a tax professional reviews everything and provides the final analysis. In my case, they even included some specific recommendations based on my particular situation that definitely weren't generic. They pointed out a specific issue with my depreciation schedule that I hadn't even asked about!

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StarSeeker

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Just wanted to follow up on my experience with taxr.ai since I went ahead and tried it after asking about it here. I uploaded my mortgage docs, previous tax returns showing the depreciation I'd taken on my property, and a draft of the 1031 exchange paperwork my agent had given me. The analysis I got back was WAY more detailed than I expected! They actually identified that I had been miscalculating my depreciation for the past 3 years (I was depreciating some personal property items incorrectly) and showed how that would affect my 1031 exchange calculations. On the mortgage payoff question, they confirmed it was fine to pay it off before the exchange but gave me specific numbers for how much debt I'd need to take on with the replacement property to avoid boot. Honestly worth every penny - would've messed up my taxes again without realizing it. Definitely not just generic advice!

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Ava Martinez

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Hey all - seeing these mortgage/1031 questions reminded me of my nightmare trying to get clear answers from the IRS on a similar question last year. I spent DAYS trying to get through to someone who actually understood 1031 exchanges. After being on hold for literally 3+ hours and getting disconnected twice, I was ready to give up. Then a colleague told me about Claimyr. It's this service that basically holds your place in line with the IRS and calls you when an agent is about to pick up. I was super skeptical but checked out their demo at https://youtu.be/_kiP6q8DX5c and decided to try https://claimyr.com since I was desperate. No exaggeration - I had an IRS tax specialist on the phone within 45 minutes after weeks of failed attempts. The agent walked me through exactly how mortgage payoffs affect 1031 exchanges and confirmed that pre-paying before the exchange was fine as long as I structured the replacement property correctly. Saved me thousands potentially.

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Miguel Ortiz

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Wait, how does this actually work? Sounds kinda sketchy. They somehow have a special line to the IRS that regular people don't?

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Zainab Omar

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I'm calling BS on this. There's no way to "cut the line" with the IRS. I worked for a tax firm for years and even we had to wait on hold like everyone else. This sounds like some kind of scam.

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Ava Martinez

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It doesn't give you a special line to the IRS - that would definitely be sketchy! It basically uses an automated system that waits on hold for you. When their system detects that an agent is about to answer, it calls you and connects you to that call. So you're still in the same queue as everyone else, but you don't have to personally sit on hold for hours. It's actually pretty clever when you think about it. The IRS doesn't care who's waiting on the other end of the line, whether it's you or an automated system holding your place. When it's your turn, you get connected. I was skeptical too which is why I watched their demo video first to understand how it works.

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Zainab Omar

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Alright, I need to apologize publicly. After calling BS on that Claimyr service, I decided to try it myself because I've been trying to reach the IRS for WEEKS about my own 1031 question (related to a partial exchange). I'm honestly shocked. It actually worked exactly as described. I signed up, put in my number, and about 35 minutes later got a call connecting me to an IRS agent who was knowledgeable about 1031 exchanges. I didn't have to sit on hold at all - just went about my day until they called. The agent confirmed what others here have said - paying off a mortgage before a 1031 is totally fine, but you need to be careful about the debt structure on the replacement property to avoid boot. If you have equal or greater debt on the new property, or compensate with additional cash, you're good. Sorry for being so cynical before. Sometimes good things actually exist!

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Connor Murphy

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Something everyone is missing here about paying off mortgages before a 1031 exchange - make sure you keep documentation proving where that payoff money came from! I did almost exactly what you're planning about 2 years ago, and during an audit, the IRS questioned whether the funds I used to pay off the mortgage actually came from outside sources or if I had secretly received them from the buyer outside of escrow. Had to provide bank statements showing the money trail. Just keep good records showing the mortgage payoff came from your personal funds, not from any arrangement with the buyer. Makes the audit process much smoother if it happens.

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That's really helpful advice I hadn't even thought about! Did you have any other issues during the audit with your 1031 exchange? Was there anything else they scrutinized?

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Connor Murphy

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The audit also focused heavily on the timeline of everything. They wanted proof that I identified potential replacement properties within the 45-day identification period and completed the purchase within 180 days. They scrutinized whether the replacement property was truly "like-kind" since I went from a small apartment building to a larger piece of raw land intended for development. They also looked closely at whether I properly carried over my basis from the old property to the new one. I had made some improvements to the original property over the years, and they wanted verification that those had been properly added to my basis. My advice is to keep absolutely everything - receipts, contracts, closing statements, identification documents, and all communication with your qualified intermediary.

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Yara Sayegh

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Careful about trying to pay off your mortgage right before a 1031! I did this and it backfired. My lender reported the early payoff to credit bureaus which temporarily lowered my score (weird but true). Then when I went to get financing for my replacement property, I got a worse rate because of the score drop.

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NebulaNova

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That's strange - paying off debt should improve your credit score, not lower it. Was there something else going on maybe? I've paid off mortgages early before with no negative impact.

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One thing to consider with mortgage payoffs before a 1031 exchange that nobody's mentioned yet - if your existing mortgage has a prepayment penalty, that penalty is NOT considered part of your exchange basis. I found this out the hard way and ended up with a $3,800 penalty that I couldn't roll into the 1031. Check your mortgage terms carefully!

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I didn't even think about prepayment penalties! I'll definitely check my mortgage docs tonight. So if there is a penalty, you're saying I can't consider that as part of my investment in the property for 1031 purposes? That could change my calculations.

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Exactly right. The IRS considers a prepayment penalty to be a financing cost, not part of your investment in the real estate itself. So if you pay a $5,000 penalty for example, that amount cannot be added to your basis or treated as part of the exchange. It's just an expense you have to absorb separately. I found this out during an audit where they specifically flagged this item. The auditor explained that since the penalty wasn't for the property itself but rather for the financing arrangement, it couldn't be considered part of the real estate investment. Just one of those technical distinctions that can catch you by surprise if you're not working with someone who specializes in 1031 exchanges.

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TommyKapitz

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This is a really thorough discussion! Just wanted to add one more consideration that might be relevant - the timing of when you actually pay off the mortgage versus when you start the 1031 exchange process. I'm dealing with a similar situation right now and my qualified intermediary advised me to coordinate the mortgage payoff timing carefully with the exchange timeline. If you pay off the mortgage too far in advance of listing the property, it could raise questions about your intent to do a 1031 exchange from the beginning. The IRS likes to see that your 1031 exchange was planned as part of an investment strategy, not something you decided to do after the fact. So while paying off the mortgage before the exchange is totally fine from a tax perspective (as others have confirmed), just make sure you can document that the 1031 was always part of your plan. My QI suggested keeping records showing I was researching replacement properties and consulting with them before paying off the mortgage, just to establish the timeline clearly. Probably overkill, but better safe than sorry with the IRS!

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That's a really smart point about documenting the intent timeline! I hadn't considered that the IRS might question whether the 1031 was planned from the start versus an afterthought. It makes sense that they'd want to see evidence of investment strategy rather than just tax avoidance after the fact. Do you happen to know what specific types of documentation your QI recommended keeping? I'm thinking things like emails with real estate agents about potential replacement properties, or maybe notes from meetings about the exchange strategy? I want to make sure I'm creating the right paper trail before I move forward with paying off my mortgage. Also curious - did your QI mention anything about how far in advance is "too far" for the mortgage payoff? I'm probably 2-3 months out from listing my property, so wondering if that timing would look suspicious or if it's still reasonable.

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