
There
are several different types of exchanges. Provided below are brief descriptions
of the most common.
Aircraft/Business
Exchanges
The most commonly exchanged personal property is aircraft and business.
As stated previously, although certain exchanges of these natures are
allowed, the rules for them are much stricter. For these exchanges, the
term "like-kind" has a much narrower definition than that of
a real estate property exchange. Both the relinquished and replacement
property must fall within the same General Asset Class or Product Class.
The idea behind this can be best understood through a few examples rather
than a detailed explanation. A corporate jet can only be exchanged for
another corporate jet, not a commercial aircraft. A restaurant can only
be exchanged for another restaurant, not a nightclub. Even though, both
properties being exchanged are quite similar, the classifications are
in fact quite different. Thus, these types of exchanges are ineligible
for Tax-Deferred Exchanges. As with many aspects involving tax-deferred
exchanges, it is critical that you receive proper guidance before proceeding.
Excalibur
1031 Group
will always provide you with free consultation and help you coordinate
your transaction.
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Delayed
Exchange
The most commonly used exchange is the Delayed Exchange also known as
the Starker exchange. The process of a Delayed Exchange begins upon the
close-of-escrow of the relinquished property. From that close, you will
have a maximum of 45 days to identify up to three potential properties
that you wish to exchange for. After the 45-day period, the code extends
to you an additional 135 days to complete the purchase of one or all three
of those properties identified. Excalibur
1031 Group provides you with all the
documentation and guidance to help make this process hassle free.
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Improvement
Exchange/Build-To-Suit
Often, the investor will want to make improvements to the replacement
property and have the cost of the improvements included in the exchange
value of the replacement property. The improvements may consist of repairs
or remodeling of an existing building, or the construction of a new building
on raw land. It is important to know that all improvements should be completed
and the exchange estate dispersed within the 180-day time period. As a
result, these types of exchanges have to allow for certain uncalculated
risks to arise, advance planning is critical in conducting an Improvement/Build-To-Suit
Exchange. Our knowledgeable consultants are not only experienced in handling
these this type of exchange but will also make sure your plans for this
exchange are carried out in the most efficient manner.
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Reverse
Exchange
A reverse exchange offers unique advantages for Exchangors who want to
find a replacement property before they sell the investment property they
currently own. This legal procedure was expanded upon and new revenue
procedures were added in October of 2000. An Exchangor can now purchase
the desired property without the time restrictions found under other types
of exchanges. Excalibur
1031 Group
will help you by acquiring title to that new property, allowing enough
time for the old one to close. We will essentially hold on to that property
until you are ready to make the exchange.
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Simultaneous
Exchange
You may consider a Simultaneous Exchange when you have already identified
a property or properties you wish to exchange for prior to the closing
of escrow of the relinquished property. In this scenario, the two properties
will be exchanged concurrently. Because some risks and timing complications
may arise, investors typically call on a Qualified Intermediary such as
Excalibur
1031 Group
for assistance in doing this type of transaction. By doing so, an exchangor
avoids the possibility of having their exchange disallowed due to having
unrestricted control (constructive receipt) of the proceeds from the property
sold. Therefore, when you work with Excalibur
1031 Group,
we will act on your behalf as the controller of these proceeds as you
complete the legal process. However, you will still maintain full discretion
of how the proceeds are handled. You can rest assured that we can prudently
and effectively manage your funds with the help of our strategic banking
partners and a faultless accounting system.
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