Rachel McLaughlin, Exchange Facilitator, discusses how multifamily property owners that choose to sell due to Oregon's rental control Senate Bill 608 can use a 1031 Exchange when acquiring a new investment property .
Disclaimer: This presentation is meant to answer general, broad questions about the changes to Oregon Rent Control Senate Bill 608 (“SB 608”). Landlords should consult with an attorney before taking any action as it relates to End of Tenancy/Non-Renewal Notices and/or increasing rent. All opinions are my own. These statements are not meant to be taken as investment advice.
Oregon Rent Control Law Informational Presentation 2019 - Rachel McLaughlin, Exchange Facilitator
1. Zoe R. York, MAI
260 West 12th Avenue, Eugene, OR 97401
(541) 687-1938 / (541) 683-0932
zoe@duncanbrown.com
www.duncanbrown.com
Rene’ Nelson, CCIM, CRE
895 Country Club Rd, Eugene, OR 97401
(541) 912-6583
rene@1031guru.com
www.eugene-commercial.com
Rachel McLaughlin
Exchange Facilitator
Cascade Title Company
800 Willamette Street, Eugene, OR 97401
(541) 687-2233
rmclaughlin@cascadetitle.com
www.cascadetitle.com
Brian Cox
Real Estate & Property Mgmt Attorney
Brian Cox Law Offices
142 W 8th Avenue, Eugene, OR 97401
(541) 683-7151
bcox@coxassociates.info
www.briancoxeugeneattorney.com
4. Topics
Why 1031 exchange?
Steps of a successful 1031 exchange
Safe Harbor Rules
Property Identification Rules
Types of Exchanges
Deferred Taxes VS Lifetime Investor
Things to note
Frequently Asked Questions
5. Why 1031 Exchange?
If your plan is to reinvest into real property, a
1031 exchange allows you to defer the capital
gains and reinvest all funds into new investment
property instead of paying upwards of 35% in
federal and state taxes.
1031 exchanges allow you to keep rolling from
investment to investment without realizing any
gain keeping your money in your investment
portfolio rather than paying capital gains on
each sale.
6. Steps of a 1031 Exchange
Gather your team (CPA, broker, and Qualified
Intermediary)
Create an investment plan
List your relinquished property
Start shopping for your replacement property if you
haven’t done so already
Once under contract, loop in your Qualified Intermediary
with the escrow company
Identify your replacement property/ properties within 45
days of closing on your relinquished property.
Purchase the replacement property within 180 days of
closing on your relinquished property.
7. Safe Harbor Rules
Like for Like
Even or Up
45 Days to Identify
180 Days to Purchase
Use a Qualified Intermediary
8. Property Identification Rules
3 Property Rule: Exchangor may identify up to 3
replacement properties. Exchangor may elect to
purchase one, two, or all three identified properties.
200% Rule: Exchangor may identify as many
properties as they desire SO LONG AS the total value
of the identified property does not exceed 200% of
the value of the relinquished property. Exchangor
may purchase any number of identified property.
95% Rule: Exchangor may identify any number of
replacement property SO LONG AS the exchangor
purchases 95% of the identified properties.
9. Types of Exchanges
Forward Exchange / Simultaneous Exchange
Sell first, then buy within 180 days
Reverse Exchange
Buy replacement property before the relinquished
property has sold
Improvement Exchange (Build-to-Suit or
Construction Exchange)
Use exchange funds to improve the purchase property
Build new or remodel what is existing
Multi-Leg Exchange
Exchange from a large property into a number of smaller
properties
10. Multi-leg Exchanges &
Combining Exchanges
- Combining multiple exchanges to best suit your needs.
- Possible combinations:
- MULTIPLE SALES & 1 PURCHASE
- FORWARD & REVERSE
You dream it up and we can work it out!
11. Deferred Taxes VS. Life Time Investor
An exchangor can keep exchanging from property
to property throughout their lifetime.
When the exchangor decides to sell and not
participate in a 1031 exchange – capital gains are
then due on that sale.
Sale Price – Federal Taxes – State Taxes –
Depreciation Recapture = Exchangor’s Proceeds
Some investors keep exchanging on their property
and leave the property to their heirs – once the
heirs inherit the property, their basis resets and no
capital gains are recognized on the sale of the
inherited property.
12. Be Aware…
Title must be identical when exchanging.
John Smith John Smith NOT John Smith,
LLC
Replace debt with debt, not just transfer equity
Primary residences do not qualify for exchange
treatment.
13. Frequently Asked Questions:
Can I extend my timeline?
What if I don’t find a replacement property?
What if all of my identified properties fall
through?
What if I do not purchase equal or up in value?
Can I sell two properties and purchase one big
property?
Can I exchange my owner occupied duplex?
Can I purchase a vacation home for personal use
and also rent it out
14. Where Do I Go Now?
Visit Rene’s Website For Latest Information…
Oregon Rent Control Center
www.eugenecommercial.com
15. For further information:
Zoe York – zoe@duncanbrown.com
(541) 687-1938
Rene’ Nelson – rene@1031guru.com
(541) 912-6583
Rachel McLaughlin –
rmclaughlin@cascadetitle.com
(541) 687-2233
Brian Cox – bcox@coxassociates.info
(541) 683-7151