1031 Built to Suit Exchange
Built to Suit 1031 Exchange Frequently Asked Questions
Can I do a Built to Suit Exchange to improve a property I already own?
No. In order to successfully complete a built to suit exchange, the replacement property that is to be improved must be purchased from another party. The Exchangor can not make improvements to a property he owns and successfully complete a built to suit exchange.
How does the Exchangor pay for improvements during a Built to Suit Exchange?
The Exchangor oversees the construction of the improvements and periodically sends approved invoices to the accommodator. The accommodator uses the exchange funds to pay the approved invoices.
Can I pay for work to be done in the future using Built to Suit exchange funds?
No. In order to qualify for a built to suit exchange, exchange funds must be used to pay for improvements that will be completed within 180 days from the sale of the relinquished property. You can not pay exchange funds for work to be done after the 180 day exchange period.
Can I purchase vacant land and do a Built to Suit Exchange?
Yes. The Exchangor can either improve an existing property that they newly purchase or construct new improvements on vacant land that they newly purchase.
Are timing requirements the same as a delayed exchange for a Built to Suit Exchange?
Yes. During a built to suit exchange, the Exchangor must identify potential replacement properties within 45 days from the close of escrow of the relinquished property, and the built to suit exchange must be completed within 180 days from the close of escrow of the relinquished property.
Does the replacement property have to completely be improved within 180 days for a successful Built to Suit Exchange?
No. For a successful built to suit exchange, all the exchange funds have to be used for completed improvements within 180 days from the close of escrow of the relinquished property. The replacement property does not have to be completely built or improved within the 180 day time period. Title to the replacement property has to be transferred within the 180 days. The replacement property can be in any stage of completion.
The above information is provided for general information purposes only. You should discuss your actual individual property transaction with your current attorney, certified public accountant or us.
We hope you find the above information helpful. We are aware that you will have questions about your individual transaction and encourage you to
e-mail, call us at (800) 743-1031 or FAX us at (626) 796-8222. We will be pleased to assist you.