The closing of a sale on real estate property involves a number of expenses that may draw off from your proceeds and reflect themselves on the closing statement. Some of these are the standard operating expenses or the ones used for your agent's commission and the recording of the deed. But during the proceedings, additional expenses may also arise like security deposits and rent proration.
by EdwardR.Bunten


The closing of a sale on real estate property involves a number of expenses that may draw off from your proceeds and reflect themselves on the closing statement. Some of these are the standard operating expenses or the ones used for your agent's commission and the recording of the deed. But during the proceedings, additional expenses may also arise like security deposits and rent proration.

These types of expenses do not form part of the closing statement. Transactions on 1031 exchange allow some expenses to be debited on your closing statement. However, some costs are inappropriate to be included so.

In changing ownership, you also transfer future rent and security deposits to the property's new owner. Getting the amount from your own account to cover said expenses can be the most suitable way to deal with this. You can not debit said expenses from your closing statement because in the process, you are freeing money from your account and using 'boot' from the transaction's proceeds.

Taking away boot or sale proceeds has caused many investors to be pursued by the IRS for judicial proceeding. Cash benefits or boot from the sale of a property is not part of a like-kind exchange.

You are responsible for all the expenses related to your replacement property particularly those that are not under like-kind exchange. In the course of a 1031 exchange - you also have to take into account fees for loan origination, underwriting, and processing. Payment of these fees has to come from your own property.

This article would like to emphasize the importance of being extra cautious in your 1031 exchange transactions. In case you are tempted to receive non like-kind proceeds or cash benefits from 1031 exchange, put in mind that the IRS may run after you and are actually looking closely on these types of transactions.

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