What Can Derail a Property's Eligibility for a 1031 Exchange?

What Can Derail a Property's Eligibility for a 1031 Exchange?

The 1031 exchange encompasses several rigid requirements, which include the following:

  1. The relinquished property must be exchanged for replacement property/properties of equal or higher value.
  2. The exchanger/investor must strictly adhere to specific calendar deadlines.
  3. A Qualified Intermediary (QI) must assume control of all funds and proceeds throughout the exchange procedure.

Furthermore, one non-negotiable aspect of a 1031 exchange is the properties involved. It is important to note that while this process can be advantageous for deferring capital gains tax and depreciation capture expenses, not all properties qualify for a 1031 exchange.

In the Past,

Specific categories of personal or intangible properties such as machinery, equipment, collectibles, patents, and copyrights were considered eligible for 1031 exchanges. However, the enactment of the Tax Cuts and Jobs Act in 2017 brought about a significant change. This legislation rendered many previously eligible assets ineligible for like-kind exchanges. Presently, only "real property held for productive use or investment" meets the criteria for eligibility for a 1031 exchange.

Taking a Closer Look, 

Taking a closer look at details for a successful 1031 exchange in the real estate sector

It is important to note that not all types of real estate are eligible for a like-kind exchange. As specified by the IRS, the following categories of real estate do not qualify for like-kind exchange treatment:

If you're considering purchasing and flipping a house, it's important to understand that such properties cannot be included in a 1031 exchange. The IRS categorizes this type of real estate ownership or transaction as "stock in trade" or "held primarily for sale." To determine if a property is held primarily for sale rather than for investment, several parameters are considered:

  1. The original purpose and intention behind purchasing the property at the time of sale.
  2. The extent of improvements made to the property.
  3. The frequency and continuity of sales made.
  4. Your primary occupation or business.
  5. Efforts made for advertising, promotion, or finding buyers.
  6. Listing the property with brokers.
  7. The duration of property ownership.

Essentially, if your intention was to buy a property, make improvements, and then sell it to another buyer (flipping), it does not qualify for a like-kind exchange. Additionally, selling an investment property within 12 months of its acquisition can raise concerns with the IRS.

When it comes to your primary residence, which is the place where you reside most of the time, it is not possible to exchange it through a 1031 exchange. Although your home may appreciate in value over time, it does not fall under the category of real estate held for trade or investment.

The only scenario in which a primary residence could potentially qualify for 1031 exchange treatment is if you decide to convert it into a rental property instead of using it as your own dwelling. However, even in this case, there are strict rules that must be followed.

First and foremost, you are not allowed to continue living in the property while it is being rented out. Secondly, in order for the property to be eligible for a 1031 exchange, you should plan to hold and rent out the house for a minimum of two years. These requirements must be fulfilled to meet the criteria for a like-kind exchange involving your primary residence.

When it comes to foreign real estate and 1031 exchanges, there are certain limitations and considerations to be aware of. You have the ability to relinquish a property within the United States and replace it with another property anywhere else within the United States. Additionally, it is possible to exchange U.S. real estate for properties located in the U.S. Virgin Islands and Guam, but not for properties in Puerto Rico.

However, it is important to note that you cannot exchange a U.S. property for one located in Canada, Mexico, or any other country outside of the United States. On the other hand, it is possible to exchange foreign real estate that is held for trade or investment for real property located in any country other than the United States.

Nevertheless, it's crucial to keep in mind that each country has its own specific rules and regulations regarding property purchase, sale, and exchanges. Therefore, thorough research and understanding of the applicable rules in each country involved are essential.

What to Know

Before proceeding with a 1031 exchange, it is crucial to have a clear understanding of the deadlines and regulations involved. Additionally, it is imperative to ensure that both the real estate you intend to exchange and the property you wish to acquire meet the qualifications set by the IRS. Neglecting to verify these qualifications beforehand can result in unforeseen tax liabilities.
To avoid potential complications and unexpected tax bills, it is essential to thoroughly research and consult with professionals who specialize in 1031 exchanges. By doing so, you can ensure compliance with the necessary requirements and make informed decisions throughout the exchange process. Taking the time to be well-informed and diligent in your approach will help safeguard against any unfavorable tax consequences.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication. 

1031 Risk Disclosure: 

What Can be Purchased Using a 1031 Exchange?

A 1031 exchange is a tax strategy based on Section 1031 of the Internal Revenue Code. It allows taxpayers to defer capital gains taxes by selling an investment property and reinvesting the proceeds into another asset. The exchange has strict rules regarding timelines but offers flexibility in terms of eligible properties.

How does it work?

A 1031 exchange is a tax strategy that allows investors to defer the payment of capital gains taxes when they sell an investment property and reinvest the proceeds in "like-kind" property. The concept of a 1031 exchange derives its name from Section 1031 of the Internal Revenue Code. By following the rules and guidelines established by the IRS, investors can take advantage of this tactic to potentially save significant amounts of money on taxes.

One of the key aspects of a 1031 exchange is the definition of "like-kind" property. The IRS broadly interprets this term, allowing for exchanges between different types of commercial properties. For example, an investor could sell a multifamily housing complex and reinvest in self-storage facilities, or sell raw land and purchase an office building. However, it's important to note that a primary residence cannot be exchanged for an investment asset under the provisions of a 1031 exchange.

Requirements for Investors.

To successfully execute a 1031 exchange, investors must comply with several important requirements. One key requirement is adhering to a strict timeline. After selling the original property (referred to as the relinquished asset), investors have 45 days to formally identify potential replacement properties.

Formal identification involves notifying a Qualified Intermediary, who oversees the transaction and manages a separate account for the proceeds. The identified replacement properties must fall under one of the following options:

Three-property rule: Investors can identify up to three potential replacement properties without any limit on their combined value. They have the flexibility to purchase any one property or a combination of the identified options.

200% rule: Investors can identify an unlimited number of potential replacement properties as long as the combined value does not exceed 200% of the sale price of the relinquished asset. This rule is beneficial for investors looking to downsize their holdings by acquiring smaller value properties.

95% rule: Investors can identify any number of properties, but they must acquire a combination of properties that equals at least 95% of the combined value. This rule is less commonly used and may decrease the chances of a successful exchange.

Adhering to these requirements is crucial for investors seeking to take advantage of the tax benefits offered by a 1031 exchange.

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After the identification process, the investor must complete their transaction within a total period of 180 days, including the initial 45-day identification period, in order to defer the payment of taxes. The Qualified Intermediary, responsible for overseeing the exchange, maintains transaction documentation and transfers funds from the separate escrow account to the sellers. Importantly, the taxpayer must not have access to the funds during the exchange process.

While a 1031 exchange defers capital gains taxes rather than eliminating them, this strategy can be used repeatedly. For instance, if an investor performs a 1031 exchange and later sells a property without utilizing the exchange, they will owe the deferred taxes. However, they can continue to employ the exchange method to swap properties in subsequent transactions. When the investor ultimately passes the last property to an heir, the heir receives it at the stepped-up value, effectively eliminating previous deferred tax obligations.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

·     There’s no guarantee any strategy will be successful or achieve investment objectives;

·     All real estate investments have the potential to lose value during the life of the investments;

·     The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;

·     All financed real estate investments have potential for foreclosure;

·     These 1031 exchanges are offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.

·     If a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;

·     Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

Can Banks Facilitate 1031 Exchanges?

A 1031 exchange can be a useful financial strategy for investors to maximize their gains and keep investing. The process involves selling a real estate asset that has appreciated, and instead of paying capital gains taxes on the profit, the investor uses a 1031 exchange to reinvest the proceeds into a "like-kind" property. This allows the investor to defer taxes on the appreciation until they sell the new property.

Under the 1031 exchange regulations, the IRS permits a wide range of business properties to be used as replacements. This means that an investor can exchange their appreciated real estate asset for a "like-kind" property, such as replacing a residential rental property with an office space, or swapping retail assets for industrial property or farmland. However, the entire value of the sold property, including any debt, must be replaced.

During the exchange period, which is typically delayed and managed by a Qualified Intermediary, the investor cannot access the sale proceeds. Additionally, the exchange process has strict deadlines, such as identifying potential replacement properties within 45 days and completing the transaction within 180 days.

real-estate-investment-strategies-tax-deferral-happy-couple-successfully-facilitating-a-1031-exchange-with-Qualified-Intermediary

By conducting 1031 exchanges successively, an investor can continuously defer capital gains taxes that accrue with each exchange, provided that the property is held for at least a year each time. If the investor chooses to continue this practice indefinitely, they can eventually distribute the assets to their heirs without being subject to capital gains taxes. Upon the grantor's death, the heirs would receive the property on a stepped-up basis, resulting in no capital gains taxes being due.

Can I rely on my bank for guidance on 1031 exchanges?

Executing a successful 1031 exchange can be a complex process with a tight timeline. The stringent requirements for identifying replacement properties, coupled with the fact that the investor cannot access the funds during the process, make it a significant challenge. In some cases, mortgage amounts or improvement plans can further complicate deals. For instance, if the investor needs to improve the replacement property, the 180-day timeline becomes a limiting factor.

Given the complexity of 1031 exchanges, it's essential to engage an expert to assist with the transaction. While some banks offer the service, most large banks do not have much experience in this area. However, Wells Fargo is an example of a major bank that provides this service.

One potential advantage of using your bank is that you may already have a trusted adviser and easy access to your accounts. However, it's important to note that the bank with which you conduct other banking services might be disqualified from serving as your Qualified Intermediary, which is a crucial part of the 1031 process.

To ensure a smooth 1031 exchange, it's best to work with an experienced Qualified Intermediary who specializes in facilitating these transactions. They can help you navigate the rules and regulations, identify suitable replacement properties, and manage the funds during the process. It's also wise to seek advice from a tax professional to ensure that you understand the potential tax implications of the exchange. By doing your due diligence and enlisting the right professionals, you can successfully execute a 1031 exchange and leverage your investment gains to continue growing your portfolio.

grow-your-investment-portfolio-diversify-holdings-defer-taxes-on-real-estate-transactions-Perch-Wealth-Advisors-New-Jersey-NJ

Can a Bank be Disqualified as a Potential QI?

When it comes to choosing a Qualified Intermediary (QI) for a 1031 exchange, it's important to note that the IRS doesn't provide explicit qualifications. Instead, the code outlines who may not serve as a QI. This list includes the investor, any family members, employers, employees, and agents. The "agent" exclusion specifically lists attorneys, accountants, real estate brokers, investment brokers or bankers, and tax advisors.

Banks are not specifically excluded from serving as a QI, but there are some factors to consider before choosing your bank for a 1031 exchange. First, if you have conducted business with the bank in the most recent two-year period, it may be disqualified from serving as your QI. This is because the IRS wants to ensure that the QI is a neutral third party with no personal or business relationship to the investor.

Additionally, while some banks offer 1031 exchange services, it's important to note that not all banks have experience with this complex process. Even if you have a trusted advisor at your bank, they may not have the expertise necessary to ensure a successful exchange.

Ultimately, choosing a QI is a critical decision for any investor pursuing a 1031 exchange. While using your bank may seem convenient, it's important to carefully consider the potential risks and benefits before making a decision. It may be wise to consult with a qualified 1031 exchange expert to ensure that you are making the best choice for your specific situation.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

Growing Interest in the Industrial Market in 2023

A recent dramatic shift in the industrial sector has occurred. While the COVID-19 pandemic slowed retail and hospitality performance, the industrial market experienced an uptick in demand, driving rental rates upward and compressing cap rates. Driven primarily by a change in consumer demand and an increase in ecommerce trends, the industrial market sector is now predicted to lead major property types in U.S. rent growth.

In this article, we explore the recent shifts in the industrial sector and the factors that are contributing to this historical change.

Industrial Growth Through the Pandemic

Amid the global pandemic, industrial demand spiked as the demand for ecommerce products increased. At a time when expenditures should have declined, stimulus checks gave American consumers a unique opportunity to spend. According to Trading Economics, an organization that provides data on economic indicators and financial markets, consumer spending has seen a stable increase quarter-over-quarter since July 2020.

Through the law of supply and demand, a direct relationship between consumer spending and the industrial sector exists. In fact, analysts predict that the country may be witnessing a permanent change in consumer behavior that will ultimately transform the industrial sector. In the fourth quarter of 2022, CBRE, a global leader in commercial real estate services and investments, reported that “the U.S. industrial market had record rent and supply growth in 2022, as well as the second highest annual total of net absorption.”

Although supply chain challenges emerged early in the pandemic, any global issues caused by shortages were soon resolved, and the United States once again saw an increase in consumer spending. CBRE explains: “Supply chain resiliency was the main driver of demand for industrial real estate [in 2022] as companies tapped multiple ports of entry, used more onshore manufacturing, and hired third-party logistics providers to lower supply chain costs and protect against import disruptions.”

economic-factors-industrial-market-real-estate-investing-1031-exchanges-NJ

Record New Industrial Construction

As a result of increased demand for distribution, warehouses, and transportation centers, as well as improved supply chain efficiency, industrial construction hit a record high in 2022. CBRE reports: “Construction completions totaled 134.5 million square feet in [the fourth quarter] — the highest quarterly total on record. For the year, completions increased by 24 percent to 446 million square feet, 73 percent of which was occupied by year-end.”

Demand, however, is projected to slow down in 2023. According to global commercial real estate services company JLL, “the 632.3 million square feet currently under construction is still a record-breaking figure but is largely unchanged from the previous quarter, indicating a slowdown in new ground breakings. Furthermore, speculative developments account for 84.4 percent of assets currently under construction.”

Another indicator of a potential slowdown, according to JLL’s “United States Industrial Outlook, Q4 2022” report, is the slowdown of global ecommerce giant Amazon. During the first two years of the pandemic, Amazon had doubled the size of its logistics network, a rapid buildout that exceeded rivals such as Walmart, the U.S. Parcel Service, and FedEx.

However, by September 2022, MWPVL International Inc., the firm that tracks Amazon’s real-estate footprint, estimated that the company had either shuttered or killed plans to open 42 new facilities, totaling almost 25 million square feet of usable space. The firm also reported that the company had delayed opening an additional 21 locations, totaling nearly 28 million square feet, and had canceled a handful of European projects, mostly in Spain.

Rent Growth in the Industrial Sector

It should be noted, however, that the industrial sector expands far beyond ecommerce. For some industries that aid in manufacturing, shipping, and production, growth has been evident, and increased demand for industrial space has spurred rental growth, so much so that it may surpass the multifamily sector, which has long reigned over rental growth performance.

CoStar, an industry leader in commercial real estate information, analytics, and news, suggests the industrial property sector “has the potential to keep leading all property types in rent growth resulting from continued demand and lower vacancy. This comes in part because the apartment sector, typically a close competitor in terms of its ability to generate out-sized rent gains, has shown clear signs of weakening demand.”

Meanwhile, CBRE reports that “average asking rent rose by 3 percent quarter-over-quarter [in the U.S. industrial market] and 13 percent year-over-year for a record $9.63 per square foot. Taking rent was [also] up by 6 percent quarter-over-quarter and 18 percent year-over-year.”

In addition, JLL claims leasing demand was active, vacancy rates remained low, and rental rates dramatically increased year-over-year.

The firm reports that “demand was very active with more than 115.7 million square feet leased this quarter in a variety of industry sectors. While e-commerce has accounted for a high percentage of industrial leasing over the last two years, we are starting to see demand diversify among other industries such as logistics and distribution, 3PL [third-party logistics], construction materials and building fixtures, traditional retailers, and food and beverage.”

JLL goes on to state that “2022 closed with an average asking rate of $8.80 per square foot, marking a 19.2 percent year-over-year increase.

 “As expected, the nearly record-breaking sum of new deliveries attributed to the vacancy rate increasing by 10 basis points quarter-over-quarter to 3.4 percent,” the firm reports.

Recent activity by Southern California's most active industrial buyer, Rexford Industrial Realty, indicates major players continue to believe in the future of the industrial sector. Indeed, the firm “expects to spend another $125 million on the purchase of property after acquiring a whopping $2.4 billion in properties in 2022 … [with the expectation that] industrial rents [continue] to go up to 15 percent in 2023 in Southern California.”

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Investing in Alternative Industrial Funds

As inventory becomes more limited, cap rates start to compress, and companies move to obtain larger space to accommodate steady customer demand, real estate investors are turning to alternative investments to penetrate the sector.

Those individuals in a 1031 Exchange are leveraging Delaware Statutory Trusts (DSTs) to defer capital gains and acquire a partial interest in strong industrial portfolios, while cash investors are turning to available funds. Through alternative investing, real estate investors can access this growing sector, potentially benefiting from the progressive appreciation that may be experienced by industrial properties into the foreseeable future.

Today’s alternative investment opportunities vary according to the level of risk and include everything from oil- and gas-related assets to strong-credited ecommerce tenancy. Individuals who are currently in or considering a 1031 Exchange or are looking for an opportunity to invest in the industrial sector should contact the team at Perch Wealth to learn how alternative investments may help them better meet their investment objectives.

 General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

When a 1031 Exchange Could Require a Shorter Exchange Period

Per Internal Revenue Code (IRC) Section 1031, an exchanger has 45 days to identify a replacement property and 180 days to close on it – both timelines commence the day the investor closes on the relinquished property.

However, if an investor closes on the relinquished property between October 18 and December 31, 2022, the timelines are shortened.

Per Section 1031 (a)(3)(B), the replacement property must be purchased by the earlier of two possible dates:

-      180 days after the date the relinquished property is transferred in the exchange, OR

-      the due date (as determined with regard to extensions) of the taxpayer’s return for the taxable year in which the relinquished property is transferred.

What to Know If Selling Real Estate After October 18, 2022

Section 1031 (a)(3)(B) states that investors selling real estate after October 18, 2022 – regardless of the 180-day rule – must close on their replacement property on the due date of their tax return, April 17, 2023.

For example, an investor who sells a multifamily property on December 5, 2022, must identify a replacement property 45 days later, by January 16, 2023. With the 180-day rule, the investor can assume they have until May 31, 2023, to close on the property. However, Section 1031 (a)(3)(B) shortens this exchange period, and the investor must close 33 days prior to the assumed date.

How to Extend the 180-Day Period

Those with a prospective shortened exchange period for their close can file an extension for their 2022 return, expanding the period to close on the replacement property.

In the scenario above, if the investor extends the filing, they will have until May 31, 2023, to close on the property.

1031-exchange-period-timelines-180-days-45-day-window-replacement-property-defer-capital-gains-tax-income-investment-strategies-New-Jersey

Preparing for a 1031 Exchange

Those currently in or soon to be entering into a 1031 exchange in 2022 can act now to prepare for the upcoming deadline. It is advised they speak with a 1031 Exchange specialist to learn more about exchange opportunities and speak with a certified public accountant (CPA) to further discuss exchange rules, including Section 1031 (a)(a)(B), and how they can extend their 2022 tax filing.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

·      There’s no guarantee any strategy will be successful or achieve investment objectives;

·      All real estate investments have the potential to lose value during the life of the investments;

·      The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;

·      All financed real estate investments have potential for foreclosure;

·      These 1031 exchanges are offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.

·      If a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;

·      Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

Overview of the Single Tenant Net Lease Investment

Single-tenant-net-lease (STNL) properties are a popular option for investors seeking low-maintenance investments. These net leased assets can be appealing in an economy with low bond yields and ongoing inflation. As a result, STNLs are attracting increased capital and investor interest in Q2 and Q3 of 2021.

According to Colliers, STNLs have the potential to provide stability and predictability to a portfolio by smoothing out volatility and providing a triple-net lease structure, which may help to avoid potential risks.

What is a Single Tenant Net Lease?

The term "single tenant net lease" applies to any property leased to only one company. The tenant signs a long-term lease on the property, which offers potentially more stability for investors. Often these leases are "triple net", meaning that the tenant is responsible for all property taxes, insurance, and maintenance for the real estate.

Strengths of a STNL

Potential Predictability & Stability - With a strong tenant in place for a long-term lease, an investor can expect potentially stable returns over the course of the investment. This stability is especially important in times of market volatility.

Capital Preservation - STNLs can possibly help to protect against inflation, as the value of the tenant's rent may rise over time.

Finance Vehicles - The availability of favorable and long-term financing for these assets is greatly influenced by their strong underlying tenants and potential for revenue stability.

Low Turnover - STNLs are often attractive for investors due to the generally low turnover of strong single tenants resulting in reduced costs for tenant turns and make-readies.

What Are Some Issues to be Aware of with Single Tenant Net Lease?

Tenant Risks - The strength of the investment leans heavily on the stability and financial health of the underlying tenant. Many titanic-like companies can experience major headwinds over a long-time horizon, increasing investor exposure.

Ownership Horizon - Long-term leases can be a double-edged sword for principals as long-term leases can lead to exposure to changing market conditions.

Spin-off Risks - STNLs can present risks to investors when a company intends to spin off a portion of its business unit, further weakening the tenant.

Single Tenant Net Lease Trends for 2021

As investors are increasingly looking to diversify their portfolios with potentially stable, income-producing assets, STNLs have looked increasingly attractive.

STNLs are also viewed favorably by institutional investors thanks to their relative historical stability, liquidity, and diversification across markets, tenants, geographies, property types, sectors, etc. As a result of this interest from institutions and retail investors alike, sales activity has risen in recent years. The average sales price rose 12% year over year in Q2 2019 compared to just 4% the previous year.

retail-industrial-commercial-properties-single-tenant-investment-strategies-capital-gains-investors-New-Jersey

Retail STNL

Trends for retail STNL continue to demonstrate a shift from traditional suburban malls and power centers toward urban mixed-use projects, transit-oriented developments anchored by grocery stores, and redeveloped community shopping centers in secondary markets.

According to Colliers’ commercial data analytics, STNL retail volume is showing healthy signs of growth. At $4.1 billion, Q2 volume was consistent with prior-year norms before the pandemic (2015-2019). Cap rates are steady at 6% and, in the first half of 2021, total sales volume was up 77% compared to the same period last year.

In 2021, the single-tenant space was 5.3 percent vacant, up 50 basis points from 2020. Multi-tenant retail vacancy rose 80 basis points to 6.6 percent during the same period, according to CBRE's data. Vacancy rates are projected to rise modestly in the coming years, with most of the increase concentrated in neglected spaces or neighboring multi-tenant complexes that have deferred maintenance issues.

Industrial STNL

Industrial STNLs are often viewed favorably by institutional investors thanks to their perceived historical stability, liquidity, and diversification across markets, tenants, geographies, property types, sectors, etc. As a result of this interest from institutions and retail investors alike, sales activity has risen in recent years.

The industrial real estate market is seeing its strongest first half performance since at least 2018. Industrial real estate volume in the first six months of 2021 is by far the most robust on record. Overall volume has risen 83% from last year's levels, and first-half numbers are about 30% higher than they were a year ago. The fundamentals of the sector continue to be strong, and rising interest rates are not anticipated to have a significant negative effect on the sector.

Demand for industrial capital assets is high, with an increasing number of investors seeking out these structures as a way to diversify their portfolios. Subsequently, yields have been compressed, and cap rates have dropped by about 100 basis points since 2018.

It is expected that investors will continue to seek out industrial assets. The industrial market has enjoyed a great run, but the increased demand may create additional pressure on cap rates and potentially drive them to new lows.

Office STNL

Office STNL has been in back in favor, and investors were becoming more interested over the past 18 months. The market is recovering from a period of little to no investment activity in 2019 and 2020, when there was limited demand for office space and few transactions were taking place.

In 2021, the average cap rate on new transactions remained at 6.5 percent, but the share of transactions with cap rates greater than 10% increased to 13%. The total volume in Q2 was $4.7 billion, which is a 62% increase compared to last year's pace and 33% ahead of 2018.

The office real estate market has seen its strongest first-half performance since at least 2018, driven by industrial vacancies in markets like Raleigh-Durham and Nashville. More important than volume records were price levels, which were flat from 2019's levels.

In 2021, office net absorption increased to 3.5 million square feet compared to last year's pace of 1.9 million square feet. These figures represent increases of 133% and 22%, respectively. The office real estate market has been in a period of stabilization, with speculative construction slowing down considerably over the past four years.

STNLs, as a potentially stable income-producing asset that provides diversification across markets, tenants, geographies, property types, sectors etc., have become an increasingly attractive investment vehicle. While the single tenant net lease model is not for everyone, those looking to diversify their portfolios with a blend of possibly solid cash flow from many diverse sources may find this unique type of investment appealing.

*References

Lynn Pollack - Private Capital is Flocking to Single-Tenant Net Lease

Matt Frankel – Pros and Cons of Singe-Tenant Net Leases for Investors

George L. Renz - Net-Leased Single-Tenant Risks

Marcus and Millichap

Colliers

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only and should not be relied upon to make an investment decision. All investing involves risk of loss of some, or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

•         There is no guarantee that any strategy will be successful or achieve investment objectives;

•         Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;

•         Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;

•         Potential for foreclosure – All financed real estate investments have potential for foreclosure;

•         Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.

•         Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;

•         Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

Tax Benefits of a 1031 Exchange for Real Estate Investors?

1031 exchanges, also known as Starker or like-kind exchanges, are a powerful tax-saving strategy for real estate investors. They allow investors to defer taxes on the sale of a property by using the proceeds to purchase a similar "like-kind" property. This means that instead of paying taxes on the sale of a property, the investor can put that money towards purchasing a new property, thus deferring the taxes. This can be a game changer for real estate investors looking to maximize their returns and minimize their tax burden.

In this blog post, we'll explore the tax benefits of 1031 exchanges for real estate investors. We'll start by explaining how 1031 exchanges work, and how they differ from traditional real estate sales. We'll then delve into the benefits of 1031 exchanges, including how they can defer taxes, how they can be used to diversify investment portfolios and how they can be beneficial for long-term wealth creation.

We'll also discuss the potential implications of the Tax Cuts and Jobs Act of 2017 on 1031 exchanges. By the end of this post, readers will have a solid understanding of how to use 1031 exchanges to defer taxes and maximize profits on their real estate investments. It's important to note that 1031 exchanges come with rules and regulations and it's always recommended to consult with a tax professional to ensure compliance and maximize the benefits.

Deferring Taxes

One of the most significant benefits of 1031 exchanges for real estate investors is the ability to defer paying taxes on the sale of a property. When an investor sells a property and uses the proceeds to purchase a similar "like-kind" property through a 1031 exchange, they can defer paying taxes on the sale until they sell the replacement property. This can significantly increase the investor's cash flow and overall returns.

To understand how this works, let's take an example of an investor who sells a rental property for $500,000 and is faced with paying a capital gains tax of $75,000. Instead of paying the taxes, the investor decides to use the proceeds from the sale to purchase a new rental property worth $500,000 through a 1031 exchange.

In this scenario, the investor has deferred paying the $75,000 in capital gains taxes until they decide to sell the new property in the future. By deferring the taxes, the investor is able to keep more of the money from the sale and use it to purchase the new property, thus increasing their cash flow and potential returns.

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It's also important to note that 1031 exchanges can benefit both commercial and residential properties, and it's not limited to one type of property, this makes it more versatile and useful for different types of real estate investors. Additionally, 1031 exchanges can be used in a series of transactions, allowing the investor to continue deferring taxes and compounding the benefits over time.

When compared to traditional real estate sales, 1031 exchanges can provide significant tax savings for investors. In traditional sales, investors must pay taxes on the sale of the property at the time of the sale, which can significantly reduce the amount of money available for reinvestment. With a 1031 exchange, investors can defer taxes and keep more of the money from the sale for reinvestment, potentially leading to higher returns over time.

It's important to note that the Tax Cuts and Jobs Act of 2017 has placed some limitations on 1031 exchanges, such as limiting the deferral of taxes to real property, not personal property and reducing the maximum exchange period from 180 days to 120 days. Investors should consult with a tax professional to ensure compliance with the new laws and to maximize the benefits of a 1031 exchange.

Diversifying Investment Portfolio

Another key benefit of 1031 exchanges for real estate investors is the ability to diversify their investment portfolios. By using the proceeds from the sale of a property to purchase multiple properties or different types of properties, such as multifamily or commercial, investors can spread out their risk and increase their potential returns.

For example, an investor who owns several single-family rental properties in one area may be at risk if the local economy were to suffer.

By using a 1031 exchange to sell those properties and purchase a multifamily property in a different area, the investor can diversify their portfolio and spread out their risk. Additionally, by diversifying into different types of properties, such as commercial properties, investors can take advantage of different cash flow and appreciation potentials.

In comparison to traditional real estate investing methods, 1031 exchanges can provide an efficient and tax-advantaged way to diversify investment portfolios. Traditional methods of diversification, such as buying multiple properties or different types of properties, often require paying taxes on the sale of each property, which can eat into profits. With a 1031 exchange, investors can defer taxes and use the proceeds from the sale of a property to purchase multiple properties or different types of properties without incurring significant tax liabilities.

It's important to note that investors must identify and acquire replacement properties within the 45-day identification period and 180-day exchange period in order to properly execute a 1031 exchange. Additionally, there are some restrictions on the type of transactions that qualify for a 1031 exchange such as related party transactions or cash boot. Investors should consult with a tax professional to ensure compliance with these rules and regulations, and to develop a strategy for diversifying their portfolios through 1031 exchanges.

In summary, 1031 exchanges can provide real estate investors with a powerful tool for diversifying their investment portfolios and reducing their tax liabilities. By using the proceeds from the sale of a property to purchase multiple properties or different types of properties, investors can spread out their risk and increase their potential returns.

Additionally, 1031 exchanges can provide a more efficient and tax-advantaged way to diversify compared to traditional methods. However, it's important to understand the rules and regulations, and to consult with a tax professional to ensure compliance and maximize the benefits.

Long-term Benefits

1031 exchanges can also provide long-term benefits for real estate investors. One of the most significant long-term benefits is the compounding effect of tax savings over time. When an investor defers taxes through a 1031 exchange, they can continue to defer taxes on each subsequent exchange, thus compounding the benefits over time. This can lead to significant tax savings for investors who engage in multiple exchanges over the course of their careers.

Another long-term benefit of 1031 exchanges is the potential for wealth creation. By deferring taxes and reinvesting the proceeds from the sale of a property, investors can potentially increase their returns and build wealth over time. Additionally, 1031 exchanges can provide investors with the flexibility to acquire new properties, to use leverage to purchase properties, which can increase the potential for profit, and to defer taxes on property appreciation.

When compared to traditional real estate investing methods, 1031 exchanges can provide long-term benefits that are not available through other methods. Traditional methods of investing, such as buying and holding properties, do not provide the same tax savings and wealth-building potential as 1031 exchanges.

It's important to keep in mind that 1031 exchanges come with rules and regulations that must be followed, such as the 45-day identification period and 180-day exchange period. Additionally, the Tax Cuts and Jobs Act of 2017 placed some limits on 1031 exchanges, and investors should consult with a tax professional to ensure compliance and maximize the benefits of a 1031 exchange.

In summary, 1031 exchanges can provide real estate investors with long-term benefits such as the compounding effect of tax savings over time and the potential for wealth creation. By deferring taxes and reinvesting the proceeds from the sale of a property, investors can potentially increase their returns and build wealth over time.

Additionally, 1031 exchanges can provide investors with the flexibility to acquire new properties, to use leverage to purchase properties, and to defer taxes on property appreciation. However, it's important to understand the rules and regulations and to consult with a tax professional to ensure compliance and maximize the benefits.

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Special Considerations for Commercial Properties

While 1031 exchanges can provide benefits for both commercial and residential properties, there are some special considerations for commercial properties that investors should be aware of.

One consideration is that commercial properties often have higher values and more complex ownership structures, which can make it more challenging to find suitable replacement properties within the 45-day identification period and 180-day exchange period. It's important for investors to work with a qualified intermediary who has experience with commercial properties to ensure compliance with these rules.

Another consideration is that commercial properties often have more restrictive zoning laws and regulations, which can limit the types of properties that can be used as replacement properties. Investors should be aware of these restrictions and work with a knowledgeable real estate professional to identify suitable replacement properties.

Additionally, commercial properties often require more due diligence and research, such as environmental assessments and property condition reports, which can add complexity and cost to the exchange process.

Finally, it's important to note that the Tax Cuts and Jobs Act of 2017 has placed some limitations on 1031 exchanges for commercial properties, such as limiting the deferral of taxes to real property, not personal property and reducing the maximum exchange period from 180 days to 120 days. Investors should consult with a tax professional to ensure compliance with the new laws and to maximize the benefits of a 1031 exchange.

In summary, while 1031 exchanges can provide benefits for both commercial and residential properties, there are some special considerations for commercial properties that investors should be aware of. These include the need to work with a qualified intermediary who has experience with commercial properties, the need to research and be aware of zoning laws and regulations, the added complexity and cost of due diligence, and the new limitations imposed by the Tax Cuts and Jobs Act of 2017.

It's important for investors to consult with a tax professional and knowledgeable real estate professional to ensure compliance and maximize the benefits of a 1031 exchange for commercial properties.

A QI's Contribution to a 1031 Exchange

For all 1031 trades, a qualified intermediary (QI) is necessary. Real estate investors must choose a QI they can rely on and trust given the significance of the QI in an exchange. However, doing so can be challenging because how can an investor tell whether a specific QI is credible? This quick guide will show you how to choose a trustworthy QI for a 1031 exchange.

A QI is what?

An individual or organization that facilitates a 1031, or like-kind, exchange in accordance with Internal Revenue Code (IRC) Section 1031 is referred to as a QI, sometimes known as an accommodator. According to the Federal Code, a QI's responsibilities are as follows:

A qualified intermediary is a person who: (A) Is not the taxpayer or a disqualified person; and (B) Enters into a written agreement with the taxpayer (the "exchange agreement") and, in accordance with the exchange agreement, obtains the property being exchanged from the taxpayer, transfers the property being exchanged, acquires the replacement property, and transfers the replacement property to the taxpayer. (26 CFR § 1.1031(k)-1)

A person can become a QI without having to fulfill any eligibility requirements or obtain a license or certificate. The Internal Revenue Service (IRS) does, however, specify that anyone who is related to the exchanger or who has had a financial relationship with the exchanger - such as an employee, an attorney, an accountant, an investment banker or broker, or a real estate agent or broker - within the two years prior to the sale of the relinquished property is disqualified from serving as the exchanger's QI.

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Why is a QI crucial to a 1031 Exchange?

Every 1031 exchanger is required to choose a QI and sign a formal agreement before closing on the property being given up. After being chosen, the QI's three main duties are to create the exchange documentation, swap the properties, and keep and disburse the exchange monies.

The Creation of Exchange Documents

The QI creates and maintains all pertinent paperwork throughout the exchange, including escrow instructions for all parties involved.

Trade of Properties

In a 1031 exchange, the QI is required to buy the exchanger's property that is being given up, give it to the buyer, buy the seller's property that is being replaced, and give it to the exchanger. Despite the fact that the QI also transfers the title, the QI is not technically required to be a link in the chain.

Exchange funds holding and releasingFor an exchanger to defer capital gains, all proceeds from the sale of the relinquished property must be held with the QI; any proceeds held by the exchanger are taxable. As a result, the QI must handle the sale funds of the property that was given up and put them in a different account where they will be kept until the replacement property is bought.

For the exchange to be valid, the exchangers must adhere to two crucial timeframes. At the conclusion of the identification phase, the first occurs. The exchanger is required to choose the new property to buy within 45 days after the transfer of the property being given up. At the conclusion of the exchange period, the second occurs. Within 180 calendar days of the transfer of the relinquished property, the exchanger must receive the replacement property. Even if the 45th or 180th day falls on a Saturday, Sunday, or legal holiday, these severe deadlines cannot be extended.

What factors should investors think about while selecting a QI?

Since a QI is not needed to hold a license, investors should do their research to make sure they choose someone who can manage the 1031 exchange effectively. Investors may be compelled to pay taxes on the exchange as a result of errors made by a QI because the IRS regrettably does not pardon any mistakes made by a QI. Here are some factors that investors should take into account while choosing a QI.

Statutes of the State

Although QIs are not governed by federal law, certain states have passed legislation that does. For instance, rules governing the sector have been passed in California, Colorado, Connecticut, Idaho, Maine, Nevada, Oregon, Virginia, and Washington. These states frequently have license and registration requirements as well as requirements for separate escrow accounts, fidelity or surety bond amounts, and error-and-omission insurance policy amounts.

Federated Exchange Facilitators

A national trade organization called the Federation of Exchange Accommodators (FEA) represents experts who carry out like-kind exchanges in accordance with IRC Section 1031. Support, preservation, and advancement of 1031 exchanges and the QI sector are the goals of the FEA. Members of the association must follow by the FEA's Code of Ethics and Conduct.

Additionally, the FEA has a program that awards the title of Certified Exchange Specialist® (CES) to those who meet certain requirements for work experience and who successfully complete an exam on 1031 exchange rules and processes. This certificate's holders are required to pass the CES exam and complete ongoing education requirements. To taxpayers thinking about a 1031 exchange, the designation "demonstrates that the professional they have selected possesses a certain level of experience and competence."

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Information and expertise

As previously stated, a QI error in a 1031 exchange could lead to a taxable transaction. Before making a selection, investors who are choosing an accommodator should carefully consider each person's credentials, including their knowledge and experience in the sector. Investors should find out if the person is employed full-time or part-time, and how many transactions and how much value the person has enabled. Furthermore, it's critical to understand whether the person has ever had a failed transaction and, if so, why.

Understanding 1031 exchanges is essential. Potential QIs should be familiar with the fundamentals as well as the specifics of the 1031 exchange procedure. For instance, QIs should be aware of what constitutes a like-kind attribute. They should also be aware of Delaware Statutory Trusts (DSTs), one of the most frequently disregarded alternatives to 1031 exchanges. Sadly, a lot of QIs are unfamiliar with DSTs. Investors who wish to successfully delay capital gains while still achieving their overall financial goals must find a qualified and professional QI.

How exactly should an investor choose a QI?

Investors should ask for recommendations to identify a QI in good standing. Finding a trustworthy QI might be a lot easier by word of mouth. Investors can request a recommendation from a real estate lawyer, a trustworthy title business, a certified public accountant (CPA) with experience in 1031 exchanges, or even the other party to the exchange.

Investors must probe potential QIs with inquiries that go beyond the bare minimum to learn more about their breadth of expertise and experience. For instance, the FAE mandates that prospective QIs work full-time for a minimum of three years before being allowed to take the CES exam. When evaluating a QI's experience, three years is a decent place to start; five to ten years is a good number.

One of the most important steps in a 1031 exchange is locating a qualified intermediary (QI), as the exchange cannot take place without one. Investors must confirm that their QI is knowledgeable about the numerous tax rules involved and has extensive experience. Additionally, investors must confirm that the QI is not a relative, an employee, or an agency and has had no recent financial ties to them. The IRS does not take these issues lightly; if the requirements outlined below are not met, there may be severe penalties assessed, or the IRS may even forbid the transaction from taking place at all.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only, and should not be relied upon to make an investment decision. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

Are There New Rules for 1031 Exchanges in 2022?

Every year, concerns about the future of 1031 exchanges surface among investors. The ability to defer capital gains through a 1031 exchange has long been a point of contention among politicians. For those wondering whether changes to this real estate investing tool have been made recently, the answer is no. Rather, interest in 1031 exchanges has grown among investors throughout the country, and new questions have emerged. Here is a glimpse at the most common questions asked by today’s curious investors.

What happens when a 1031 exchange property is sold?

A 1031 exchange allows investors to trade one investment property (“relinquished property”) for another (“replacement property”) and defer capital gains taxes they would otherwise pay at the time of sale of the relinquished property. According to the Internal Revenue Service (IRS), the two properties must be “like-kind,” which under Section 1031 of the Internal Revenue Code is defined as any property held for investment, trade, or business purposes.

What are unrealized capital gains?

When investors and real estate professionals discuss unrealized capital gains, they refer to the gains made on an asset that has not yet been sold. If capital gains are unrealized, they are not taxed. Instead, these gains exist only on paper. Only when an investor disposes of the asset must taxes on capital gains be paid. 

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When can an investor use a 1031 exchange in real estate?

A 1031 exchange can be used anytime properties are exchanged as long as the properties meet the IRS’s definition of like-kind. Properties commonly traded in a 1031 exchange include commercial assets, such as apartment buildings, hotels and motels, retail assets and single-tenant retail properties, offices and industrial complexes, senior housing, farms and ranches, and vacant land. Additional trades that qualify as like-kind include investments in Delaware Statutory Trusts (DSTs) and residential properties held for investment purposes.

Can an investor avoid capital gains by buying another house?

Property owners commonly ask if they can sell their home and buy another house using a 1031 exchange. Unfortunately, the answer is no. Per the IRS, primary residences and vacation homes do not qualify for a 1031 exchange; only residential properties held for investment purposes for at least 12 months qualify.

Can an investor take cash out of a 1031 exchange?

For capital gains to be deferred, the total value of the relinquished property must be replaced, including both an investor’s equity and debt in the property. Therefore, if an investor sells a $1 million asset and has 50% leveraged, the investor will need to purchase a replacement property for $1 million and either leverage a loan for the $500,000 or pull from personal capital. Any cash taken out from the transaction is taxable.

Exceptions to the rule, however, do exist. One exception involves investing in a DST. A Delaware Statutory Trust is a legally recognized real estate investment trust that allows investors to purchase fractional ownership interest. When exchanging into a DST, investors can determine how much they want to invest and how much debt they want the DST sponsor to assign to them. A property owner could take out cash via a sale through this investment.

How does a 1031 exchange work?

A 1031 exchange requires investors to follow a strict timeline outlined by the IRS. Missing a deadline in the 1031 process generally results in taxes due on the relinquished property.

The timeline for a 1031 exchange starts when the relinquished property closes. The property owner has 45 days to identify their replacement properties and 180 days to close. The replacement properties must meet one of three rules defined by the IRS.

Do I need an intermediary for a Section 1031 exchange?

Yes! The IRS requires that 1031 exchanges use a qualified intermediary (QI) or exchange facilitator. After the sale of the relinquished property, all proceeds are held with the QI, who will release the funds for the acquisition of the replacement properties. If funds are held with the seller or any other party that does not qualify as a QI, the sale will not qualify for a 1031 exchange, and the seller will be responsible for paying capital gains.

How does a 1031 exchange work in a seller financing situation?

While seller financing is permitted in a 1031 exchange, it is not commonly used.

Seller financing reduces the immediate capital available for an exchanger; however, this does not exempt them from IRC section 1031 that states an investor must replace the entire value of the relinquished property. Therefore, an investor must identify how they will purchase their replacement properties when offering seller-financing. The most obvious solution is to offer short-term financing. This, however, does not solve most buyers’ problems. Instead, the exchanger can work with a qualified intermediary (QI) to sell the promissory note received from the buyer to cover the funds for the exchange. The exchanger can purchase the note or sell the note to the lender or a third party. Whatever option is used, all funds need to be with the QI by the end of the 180 days to prevent the proceeds from becoming taxable. Once proceeds are available, the investor can trade into a chosen like-kind property.

Can an investor still file a 1031 exchange after closing on a property?

No, a seller cannot file a 1031 exchange after closing a property because all proceeds from the sale must be placed with a QI. Therefore, if the exchange is not preplanned, the proceeds cannot be distributed appropriately for a 1031 exchange. Investors interested in a 1031 exchange should identify a QI before selling their real estate.

Can investors avoid capital gains tax if they reinvest?

A 1031 exchange allows property owners to defer capital gains when they reinvest and follow the rules outlined by the IRS. Reinvestment gives investors access to the numerous benefits offered by a 1031 exchange, including portfolio diversification and deferment of capital gains. Additionally, reinvestment via a 1031 exchange resets the depreciation schedule on the investment, providing investors access to additional tax advantages.

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What are the hottest markets for real estate investing in 2022?

The hottest market for real estate investing depends on an investor’s investment strategy. Is the investor risk-averse and looking for only stabilized assets in primary markets? Or are they willing to take on some risk for higher returns and invest in a value-add asset or a secondary or tertiary market?

To best understand which asset and market are best for you, contact a qualified 1031 exchange specialist. The team at Perch Wealth can guide you through the process and introduce you to 1031 qualified properties that are in line with your financial and investment objectives.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only, and should not be relied upon to make an investment decision. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure: