Reverse 1031 Exchange Title Transfer, Part II
Posted by Andy Gustafson on Thu, Jun 17, 2010
As you recall from part I, in a reverse 1031 exchange, the Exchangor is not able to hold both the new or replacement property and the old or relinquished property at the same time. The Exchange Accommodator Titleholder (EAT) is created to take title to the either the old or new property.
At the end of the reverse exchange, the new property must be returned to the Exchangor who sells the old property. This can be accomplished in one of two ways:
- The deed is recorded transferring title from the EAT to the Exchangor.
- Transfer ownership of the EAT from the parent to the Exchangor.
Transfer Taxes
Each state may have what are called transfer taxes assessed upon the value of the property when the name on the deed changes. Florida has a transfer tax. Yet, the Department of Revenue waives the transfer tax in a 1031 reverse exchange per State of Florida Department of Revenue Technical Assistance Advisement No. 05B4-006 Documentary Stamp Taxes - Deed Involving 1031 Exchange Section 201.02(1), F.S. Other states may assess a transfer tax.
By transferring the ownership of the EAT to the Exchangor, the name on the deed does not change, consequently, there is no transfer tax in a reverse 1031 exchange.
There are more details to a 1031 reverse exchange, but now you know the basics. Consult your local title company or real estate attorney to confirm how real estate taxes are assessed in your state.
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