1031 Exchange Triple Net Lease Opportunities and Requirements

Author

Reads 595

Two businessmen shaking hands and exchanging car keys in a dealership. Symbolizes a successful deal.
Credit: pexels.com, Two businessmen shaking hands and exchanging car keys in a dealership. Symbolizes a successful deal.

A 1031 exchange triple net lease can be a great way to defer capital gains taxes, but it requires some specific requirements to be met. The property must be income-producing and leased to a tenant under a triple net lease.

The tenant is responsible for paying property taxes, insurance, and maintenance costs, which can be a huge benefit for investors. A triple net lease typically has a longer term, often 10-20 years, providing stability and predictability.

To qualify for a 1031 exchange, the property must be held for investment or used in a trade or business. The exchange must also be completed within 180 days, and the replacement property must be of equal or greater value than the relinquished property.

Eligibility and Requirements

You can buy an NNN lease property under construction and qualify for a 1031 exchange. However, you need to follow the rules of the procedure.

To qualify, you must identify in writing, within 45 days of your original investment property’s sale, the land and the building you intend to purchase. The value of the property should be equal to or greater than the value of the one you sold.

Close-up of Romanian banknotes with a set of keys, representing real estate investment and financial planning.
Credit: pexels.com, Close-up of Romanian banknotes with a set of keys, representing real estate investment and financial planning.

The entire purchase transaction must be closed within 180 days. The rules may seem complex, but they're not overly strict for investors.

One condition is that you can't own the land and have the house not yet built, as this would be considered land and a building to the IRS. Instead, you can buy a triple-net lease new construction property from a developer who already owns the land.

What Can Benefit You?

A 1031 exchange triple net lease can benefit you in many ways, especially when it comes to tax benefits. You can defer paying capital gains taxes on the sale of a property, allowing you to reinvest the funds into a new property.

With a 1031 exchange, you can also enjoy a steady income for 15 or 20 years, thanks to corporate-guaranteed leases with well-known brands. This means you'll receive reliable monthly income without worrying about maintenance or repairs.

Investing in a new construction triple net property can provide a smooth cash flow, hassle-free financing, and guaranteed income from tenants. You can also benefit from the long-term leasing duration, which offers great fiscal benefits to investors.

A real estate agent reviews plans next to a 'For Sale' sign outdoors, indicating property availability.
Credit: pexels.com, A real estate agent reviews plans next to a 'For Sale' sign outdoors, indicating property availability.

Triple net leases offer a range of benefits, including the ability to acquire a smooth cash flow, guaranteed income from tenants, and attainment of high returns with maximized monthly income. You can also take advantage of tax-deferred services that allow you to reschedule the acknowledgment of Capital Gains Tax.

Some of the benefits of triple net leases include:

  • Long-term leasing duration with great fiscal benefits to investors
  • Guaranteed income from the tenants
  • Hassle-free financing solution
  • Acquirement of a smooth cash flow
  • Attainment of high returns with maximized monthly income
  • Tax-Deferred services that allow investors to reschedule the acknowledgment of Capital Gains Tax

Understanding 1031 Exchanges

A 1031 exchange is a tax-deferred way to sell a commercial property and buy another one, but what exactly is it? Simply put, it allows you to sell one property and buy another and defer the capital gains tax on the profit you make from the sale.

To qualify for a 1031 exchange, you must identify in writing, within 45 days of your original investment property's sale, the land and the building you intend to purchase. The value of the property should be equal to or greater than the value of the one you sold.

Metal Bar with Net on the Ice Surface
Credit: pexels.com, Metal Bar with Net on the Ice Surface

The entire purchase transaction must be closed within 180 days. This timeline is the same for new construction properties as it is for regular exchanges.

A 1031 exchange is invalid if you own the land and the house has not yet been built, as legally, it has been identified to the IRS as land and a building. However, you can buy a triple-net lease new construction property that has not been built yet, from the developer who already owns the land.

To successfully complete a 1031 exchange, you must identify a replacement property within 45 days and close the entire deal within 180 days. You must also use all proceeds from the sale to purchase the replacement property.

Here are the types of 1031 exchanges:

  • Simultaneous exchange: permits the sale of relinquished property and the purchase of replacement property, simultaneously.
  • Delayed exchange: non-simultaneous 1031 exchange of properties, which allows the entire property transaction to complete in 180 days.
  • Improvement exchange: lets the trader to improve the replacement property through the proceeds obtained by selling the relinquished property.
  • Reverse exchange: enables the trader to buy replacement property before disposing off the initial property.

The benefits of buying a new construction NNN property for a 1031 exchange include:

  • Practically no maintenance
  • Reliable monthly income for the full length of the lease
  • A brand-new building with no need for repairs or renovations
  • A stable income stream for 15 or 20 years of the lease

Properties

A triple net lease property is a great option for investors looking for a stable source of income. These properties are leased to tenants who pay all expenses, including taxes, insurance, repairs, and maintenance.

A smiling woman with eyeglasses holding a 'Sold' sign, signifying success in real estate sales.
Credit: pexels.com, A smiling woman with eyeglasses holding a 'Sold' sign, signifying success in real estate sales.

You can buy a new construction triple net lease property and qualify for a 1031 exchange, but you need to follow the rules of the procedure. The regulations and timeline are the same as any regular exchange, but you must identify the property in writing within 45 days of the original investment property's sale.

Investing in a new construction property gives you the benefit of a brand-new building with practically no maintenance involved. You'll also receive reliable monthly income for the full length of the lease, which can be 15 or 20 years.

Triple net lease properties are often leased to well-known brands, such as Walgreen's, McDonald's, and Home Depot, which are high-net-worth tenants in premium locations. These tenants typically remain for 10, 15, or even 20 years, providing investors with a steady source of passive income.

Here are some benefits of buying a triple net lease property:

  • Practically no maintenance
  • Reliable monthly income
  • Long-term leasing duration
  • Benefit of 1031 Exchange Tax rule
  • Smooth cash flow
  • Hassle-free financing solution
  • Guaranteed income from tenants
  • High returns with maximized monthly income

These benefits make triple net lease properties an attractive option for investors looking to diversify their portfolios. By combining them with the power of a 1031 Exchange, you can truly reap the benefits of a superior investment.

Frequently Asked Questions

What are the tax implications of a triple net lease?

In a triple net lease, the tenant typically benefits from tax deductions on operational expenses, while the property owner does not. This can result in significant tax savings for the tenant, making it a financially attractive option.

What are the capital improvements on a triple net lease?

On a triple net lease, tenants may be responsible for major capital improvements, such as renovations or upgrades, or may participate in the cost with the landlord

How to report triple net lease on tax return?

Report triple net lease income on Schedule E (Form 1040) of your personal tax return as rental income. This schedule also reports rental real estate expenses, so be sure to review the instructions carefully.

What does $20 nnn mean?

$20 NNN represents a monthly lease rate that includes a base rent of $20 plus additional costs for property taxes, insurance, and common area maintenance

Rosalie O'Reilly

Writer

Rosalie O'Reilly is a skilled writer with a passion for crafting informative and engaging content. She has honed her expertise in a range of article categories, including Financial Performance Metrics, where she has established herself as a knowledgeable and reliable source. Rosalie's writing style is characterized by clarity, precision, and a deep understanding of complex topics.

Love What You Read? Stay Updated!

Join our community for insights, tips, and more.