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REPLACEMENT PROPERTY CALCULATION
“OLD TAX BASIS IS CARRIED OVER IN A §1031 EXCHANGE”
TAX BASIS - PURCHASE ACQUISITION
In a standard purchase transaction, the taxpayer’s original tax basis in the purchase property is the actual purchase price. The taxpayer allocates a portion of this purchase to land value and the remaining amount to real and/or personal property that is eligible for annual cost recovery (depreciation) deductions.
TAX BASIS - EXCHANGE ACQUISITION
In an IRC §1031 tax deferred exchange, the tax basis in the replacement property is reduced using a formula that takes into account the adjusted basis of the relinquished property sold in the exchange. Treas. Reg. §1.1031(d)-1(e) says that the basis of the replacement property acquired must be increased (or decreased) by the amount of the gain (or loss) recognized on the transfer of the relinquished property. Although most taxpayers will rely upon the calculations provided by their tax and/or legal advisors, the formula for determining the tax basis in the replacement property is reflected in this handout.
REPLACEMENT PROPERTY BASIS FORMULA
1. Relinquished Property Adjusted Basis
2. Plus: Any other Property Transferred
3. Plus: Liabilities Assumed by Taxpayer
4. Plus: Amount of Cash Paid by Taxpayer
5. Plus: Gain Recognized on other Property
6. Less: Money or Property Received
7. Less: Liabilities assumed by other Party
8. Less: Loss Recognized on other Property
9. Equals: Basis in Replacement Property
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____________
+____________
+____________
+____________
+____________
- ____________
- ____________
- ____________
=____________
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AN EXAMPLE
Taxpayer exchanges a relinquished property with a value of $1,000,000, mortgage of $500,000 and a basis of $500,000 for a replacement property with a value of $1,500,000, mortgage of $900,000 and the taxpayer adds $100,000 cash. Basis is computed as follows:
Basis of Relinquished Property
Plus: Liabilities Assumed by Taxpayer
Plus: Amount of Cash Paid
Less: Liabilities Assumed by Buyer
Equals: Basis in Replacement Property
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$500,000
+ $900,000
$100,000
- $500,000
= $1,000,000
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A SIMPLE RULE
An easy rule to remember is that the taxpayer’s basis in the replacement property is the value of the replacement property less the amount of gain deferred in the exchange (or plus the amount of unrecognized loss).
We expressly disclaim any responsibility for any tax calculations and urge all investors to seek the advice of tax professionals regarding their specific gain and/or tax calculations.
TM 1031 Exchange and Asset Preservation, Inc. do not give tax or legal
advice. The information contained herein should not be relied upon as a
substitute for tax or legal advice obtained from a competent tax and/or
legal advisor.
(c) Copyright 2005 Stewart Title Guaranty Company
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