1031 DOs AND
DON'Ts
-DO advanced planning for the
exchange. Talk to your accountant, attorney, broker, lender and Qualified
Intermediary.
-DO attempt to sell before you purchase. Occasionally Exchangers find the
ideal replacement property before a buyer is found for the relinquished
property. If this situation occurs, a reverse exchange (buying before selling)
is the only option available. Although there is considerable legal precedent for
reverse exchanges, Exchangers should be aware they are considered a more
aggressive exchange variation because no clear IRS guidelines exist.
-DO NOT miss your
identification and exchange deadlines. Failure to identify within the 45 day
identification period or failure to acquire replacement property within the 180
day exchange period will disqualify the entire exchange. Reputable
Intermediaries will not act on back-dated or late identifications.
-DO NOT plan to sell and invest the proceeds in property you already own.
Funds applied toward property already owned purchase goods and services, not
like-kind property.
-DO NOT dissolve partnerships or change the manner of holding title
during the exchange. A change in the Exchanger's legal relationship with the
property may jeopardize the exchange.