Many times, those involved in an exchange approach the end of the 45-day
identification period without a suitable replacement property. Rather than pay
the tax or acquire a sub-standard property, you can put your money into a tool
known as a 1031 Parking Lot.
Many organizations offer a money-back guarantee in order to
furnish the taxpayer with options never before available. The idea is simple:
You complete an exchange and defer taxation by acquiring a partial ownership
(see
)
interest in a property while holding a money-back guarantee that buys the
property back in one year. This means that you are NOT locked into a property
and will NOT be subject to 'market forces' when you sell. The "1031
Parking Lot" is designed for investors who cannot find suitable
replacement property within the strict 45-day identification period.
The mechanics are straightforward. When you purchase one of the designated
"Parking Lot" properties, you receive a "Put" option. This
option, when exercised, requires the re-purchase of your undivided
interest in the property for exactly what you paid for it. This
"Put" option grants investors flexibility not previously available
to the 1031 exchange industry. However, the Parking Lot program still utilizes
IRC 1031 and must adhere to strict guidelines in order to work properly. There
are established timeframes in which the option can be exercised and the
"Put" cannot be exercised earlier than one year from the original
purchase date.
Many "Parking Lot" properties guarantee a monthly income while
you hold the "Put" option. This passive investment provides
investors with unrivaled freedom from the constraints of 1031 exchange
regulations. The program successfully defers taxation and is the only
sanctioned means of 'extending' the identification period. The "Put"
option affords you the flexibility to exchange out of the parking lot property
to another property of your choice after one year with all of your invested
money plus a monthly return.
The flexibility provided by this program is a benefit to taxpayers and the
professionals that serve them. This unique option helps investors cope with
the difficult and stressful decisions of real estate investment. Every
exchanger should identify a "Parking Lot" property as a third choice
'back up.' The use of this program as an investment safety measure and as an
extension of the identification period enables more exchanges to be completed
and prevents the unnecessary payment of capital gains taxes.