Speeches of C. Anthony Phillips
Tax Deferred Exchanges and Use of an Accommodator
I. PRE EXCHANGE TAX PLANNING
- Why have tax deferred exchanges become so popular?
- Two types of tax deferred exchanges.
- Determine if property qualifies for a tax deferred exchange.
- Calculate amount of capital gain from sale of property.
- Analyze Exchanger’s tax return.
- Calculate amount to be invested in new property to defer maximum
amount of capital gain.
- Determine the advisability of refinancing.
- Wording to be included in deposit receipt and escrow instructions.
II. ACCOMMODATION OF DELAYED EXCHANGE
- Property is acquired on a day other then the day property is
relinquished.
- Four safe harbors allowed by Internal Revenue Service regulations.
- Time limits in completing an exchange.
- The number of identified properties allowed.
- Timing restrictions for receiving monies or other property.
- Purchase or transfer of the replacement property from the Seller by
the Accommodator to Exchanger.
III. POST EXCHANGE TAX PLANNING
- Calculate tax basis of newly acquired property for depreciation
purposes.
- Project passive income or loss from newly acquired property