NNN 1031 Podcast - Update

Thanks to all the listeners of the 1031 Exchange Passive Income Series on itunes and other podcast sources.

And thanks for the calls and emails from our listeners.  Glad we can answer your 1031 exchange and triple net questions.

Here is the new page with all the podcast show links as well as links to itunes and stitcher and youtube etc:

www.1031navigator.com/podcast-nnn-1031

5 Things You Should Ask Your 1031 Triple Net NNN Broker

Here is the most recent Q&A in our NNN Property Video Series.

Thomas discusses 5 things you should ask your 1031 Triple Net Broker.  The video is below or can be found on youtube or the audio on itunes.

5 questions ask your 1031 Exchange NNN Triple Net Property Broker

  1. How long have you been doing 1031 and NNN Triple Net brokerage? What kind of deals have you worked on in the past? What certification do you have; CCIM, SIOR or are you a member of other local or national organization?
  2. What kind of deals are you working on now, will do in the future or have done in the past? Do you do apartment buildings, industrial buildings, single family houses, Walgreens NNN? You want to ensure you have a specialist working with you on your 1031 exchange and Triple Net property.
  3. How do you get paid? The seller? Does the listing broker or the buyer pay the fees?
  4. Will I sign exclusively with you as my only NNN broker or non-exclusively?
  5. Where do the properties come from? Will you tap into your developer and listing broker networks and relationships forged over the years to get the best NNN properties? Or will you send me off market or pre market NNN properties and I'll have a chance at first purchase?

1031 Navigator helps investors nationwide find the best 1031 Exchange replacement properties in the shortest amount of time.  

Our focused expertise, experience and daily triple net market presence enables clients to complete their 1031 Exchanges with peace of mind and certainty.  1031 Navigator has been involved with over half a billion dollars of 1031 Exchange NNN Properties in over 30 states.

1031 Navigator is a service of Andrus & Morgan Co., a national commercial and investment real estate brokerage specializing in passive income investments.

For a free, no-obligation 1031 Exchange NNN Property Strategy session for your 1031 Exchange visit:

http://www.1031navigator.com

 

Is the Lease really a NNN Lease? - Triple Net Properties Q&A

Today we look at if the Lease is really triple net?  Is it absolute net, triple net or double net?

In NNN investing, the lease is one of the most important things. The point of investing in NNN properties is to have a "hands off" investment.

When buying NNN properties make sure to read the lease to see if it is really true NNN or not.

Many triple net brokers and NNN sellers will advertise the lease as "net leased" or "ease of management" or "minimal landlord responsibilities" . Often times the lease will have more landlord responsibilities that advertised.

In this Video and Audio Q&A Thomas Morgan, CCIM of 1031navigator.com talks about absolute net leases, NNN leases, and NN leases.

Beware of opening escrow without having read the lease to see if it is triple net or not. This will save you time and money on your 1031 exchange NNN property purchase.

Video

Audio Version

Subscribe in iTunes or Stitcher

1031 Navigator helps investors nationwide find the best 1031 Exchange replacement properties in the shortest amount of time.

Our focused expertise, experience and daily triple net market presence enables clients to complete their 1031 Exchanges with peace of mind and certainty. 1031 Navigator has been involved with over half a billion dollars of 1031 Exchange NNN Properties in over 30 states.

1031 Navigator is a service of Andrus & Morgan Co., a national commercial and investment real estate brokerage specializing in passive income investments.

For a free, no-obligation 1031 Exchange NNN Property Strategy session for your 1031 Exchange visit:

http://www.1031navigator.com

Can my attorney do my 1031 Exchange?

Beware of advice like this. https://twitter.com/WORLDBESTLAW/status/659204367224967168

The issue is not the tweet but the actual article which states:

An attorney is such a “qualified intermediary”. A 1031 lawyer will prepare your 1031 documents and will facilitate the entire tax free transaction. It is very important that a professional such as a Lawyer facilitate the transaction because firstly if any mistake is made on the transaction or the paperwork with the transaction that needs to be filed with the IRS you will lose your tax free status. Also, the IRS regulations state that the money received from the sale of your current property must not be “touched” by you as the owner. It must go directly to the “qualified intermediary” who will then provide the funds for purchase of the new property. The mechanism of a 1031 exchange is quite complex however by utilizing a Lawyer to facilitate the transaction is a very efficient and cost effective way of performing the 1031 tax free exchange.

Let's be clear.

Attorney's can act as 1031 qualified intermediary.

Just don't use your attorney.

Treasury covers this in Reg. 1.1031(k)-1(k)(2).

Patrick Harrigan, President/COO and a Certified Exchange Specialist at Gain 1031 Exchange Company, LLC covers this really well here:

The Role of the Qualified Intermediary in a 1031 Exchange: Who Can Audition?

This is what he says:

The Treasury Regulations state that someone who has acted as the taxpayer’s employee, attorney, accountant, investment banker, real estate agent or broker within two years prior to the date of the closing of the sale of the relinquished property is the agent of the taxpayer and is disqualified to act as the intermediary for that taxpayer. This means a seller of property cannot have their attorney, real estate agent, etc. hold their proceeds if they intend to complete a 1031 exchange. Also disqualified are all attorneys in the same firm as the seller’s attorney and any real estate agent in the same brokerage as the seller’s real estate agent. The regulations then proceed to state two exceptions to the disqualification of an agent.

Exception 1 The regulations except out services that are routine financial, title insurance, escrow or trust services performed by a financial institution or title insurance company. Thus, those businesses do not become an agent of the taxpayer based on their routine activities and are allowed to act as intermediaries.

Exception 2 The regulations also except out services performed by the agent “for the taxpayer with respect to exchanges of property intended to qualify for nonrecognition of gain or loss under Section 1031.”

The best bet is to hire an unrelated 1031 Intermediary company like Asset Preservation or Starker Services.

Any extra work to do this is sure to be less than that of an IRS challenge or a voided 1031 exchange.

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