Precision Tax Planning, Profound Savings

Tax Strategy

How it works:

Here’s How Our Tax Strategy Works:

01

How Does a Lazy 1031 Exchange Work?

The Lazy 1031 exchange works by taking advantage of two tax strategies: the 1031 exchange and cost segregation. Here's how it works:

  1. Sell a rental property at a gain.  Gain = sales prices less adjusted basis of the property. This strategy will NOT work for the sale of a primary residence.
  2. Purchase a second rental property with an equal or higher basis.  Remember, basis is building only, so you must subtract the land value. 
  3. Perform a cost segregation study on the second property.
  4. Claim 60% bonus depreciation under IRC 168k in 2024.
  5. Offset the gain from the sale of the first property with the loss from the depreciation of the second property.

How does this work and why do some CPAs not understand this?

Since most real estate investors are considered Passive investors (IRC 469) meaning they are not real estate professionals, they report their passive activities on Form 8582.  Your passives losses accumulate on this form and they are offset by other passive income.

When you dispose of a property that was a “passive activity”, the gain is considered a “passive activity gain”.  By statute, this gain MUST net against passive activity losses from ANY property (this is the common misconception).  

Gains from passive activity sales net against passive activity losses from ANY source!

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02

Benefits of a Lazy 1031 Exchange

There are several benefits to using a Lazy 1031 exchange as a tax strategy:

  • Tax Deferral – similar to a traditional 1031 exchange, this will allow you to defer capital gains and depreciation recapture taxes on the sale of a property.
  • Flexibility – unlike a traditional 1031, you do NOT have to identify a property or involve an intermediary within 180 days.  In fact, you could pull the the Lazy 1031 Exchange strategy off up until the last day of the same tax year!
  • More Cash – depending on your equity in the original property, you may end up with significantly more cash in your pocket.  Check out the Anomaly Lazy 1031 Exchange Calculator!
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03

Conclusion

A Lazy 1031 exchange is a tax strategy that can help real estate investors defer taxes on the sale of their rental properties while generating income from new rental properties. In years of Bonus Depreciation, this strategy provides more flexibility over a Traditional 1031 exchange.

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