How Real Estate Investors can leverage the 721 Exchange

Jennifer Park
Published: October 14, 2022 | Updated: August 02, 2023

Selling a property can be a long and arduous process, especially if you’re looking to get the best return on your investment.

Many real estate investors are unaware of the 721 exchange, which can help them get a lump sum for their property while deferring taxes.

By leveraging the 721 exchange, real estate investors can speed up the sale process while still getting the most value for their property. This article will examine the 721 exchange in detail, including how it works and how it can benefit real estate investors.

What Is a 721 Exchange in Real Estate?

The 721 exchange, also known as the Like-Kind Exchange, is a tax-deferral strategy that allows a real estate investor to sell a property to defer capital gains taxes on the sale.

To qualify for the 721 exchange, you must exchange the sold property for another investment property of equal or greater value. Investors can use the 721 exchange for commercial and residential properties, but it must be done through a qualified intermediary.

Because this is an IRS-sanctioned process, investors can utilize the 721 tax deferred exchange to manage cash flow and reinvest in other properties without paying immediate sales taxes.

You can also use the 721 exchange to consolidate multiple properties into one larger property, which can be helpful for investors who are looking to reduce their overall portfolio size.

How to Complete a 721 Exchange

If you’re interested in completing a 721 exchange, there are a few steps you’ll need to follow:

  1. Choose a qualified intermediary.
  2. Notify the IRS of your intent to complete a 721 exchange.
  3. Sell the property you wish to exchange.
  4. Reinvest the proceeds into another investment property.
  5. Close on the replacement property.

721 exchange process

721 Exchange Rules

To qualify for the 721 exchange, investors must follow a few key rules:

  • The sold property must be exchanged for another investment property of equal or greater value.
  • You must complete the exchange through a qualified intermediary.
  • The sale and purchase of the properties must be completed within a specific time frame.
  • Investors must notify the IRS of their intent to complete a 721 exchange.

While a section 721 exchange can be helpful for real estate investors, it’s important to note that some risks are involved. For example, investors who complete a 721 exchange and default on their loan may be subject to taxes and penalties. Additionally, if the property being exchanged is not of equal or greater value, the investor may be required to pay capital gains taxes on the difference.

Always consult a qualified tax code professional before completing a 721 exchange to ensure it is the right decision for your situation.

1031 vs 721 Exchange

While the 1031 exchange has been getting much attention lately, the 721 exchange is a better option for most real estate investors.

The 1031 exchange allows investors to sell a property and reinvest the proceeds into another property, but it has several strict requirements.

To qualify for 1031, the exchange must include “like-kind” property. This means that the properties must be used for the same purpose and must be of similar character.

The 1031 exchange also has a much shorter timeline than the 721 exchange. Investors must identify the replacement property within 45 days of selling the original property and close on the replacement property within 180 days.

Additionally, the 1031 exchange can only be used for investment properties, whereas you can use the 721 exchange for investment and personal properties.

For most investors, the 721 exchange is a better option because it is more flexible and has a longer timeline.

Selling Mortgage Notes with 721 Exchange

If you’re a private mortgage note holder, you may wonder if you can complete a 721 exchange, the answer is yes! You can absolutely complete a 721 exchange with your mortgage note. Shares in the REIT or private mortgage note can be sold, and the proceeds can be used to purchase another property.

The tax advantages of the 721 exchange make it an excellent option for noteholders looking to sell their notes for a lump sum. You can receive a step-by-step guide to the 721 exchange process by contacting Amerinote Xchange.

Amerinote Xchange is a direct buyer of mortgage notes and can help you complete a 721 exchange with your note. Specializing in purchasing both performing and non-performing notes, Amerinote Xchange is an excellent option for noteholders looking to sell their mortgage notes quickly and for a fair price.

Whether you are estate planning or looking to free up some cash, a 721 exchange with Amerinote Xchange may be the right solution for you.