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Notes and Seller Financing in a 1031 Exchange. Day 31 – The 31 Days of 1031

The 31 Days of 10-31

Welcome to Day 31 of the 31 Days of 10-31!

31 Days of 10 31 Day 31 1

Day Thirty One – Notes and Seller Financing in a 1031 Exchange

Seller financing is increasingly prevalent during recessions. It’s a common misconception that carrying a note prevents you from participating in exchanges, however this is untrue.

Please be aware that whether you receive a principal payment or not, there is tax exposure on debt relief and depreciation recapture in the year of disposition if seller financing is your end goal.

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"WASHINGTON STATE LAW, RCW 19.310.040, REQUIRES AN EXCHANGE FACILITATOR TO EITHER MAINTAIN A FIDELITY BOND IN AN AMOUNT OF NOT LESS THAN ONE MILLION DOLLARS THAT PROTECTS CLIENTS AGAINST LOSSES CAUSED BY CRIMINAL ACTS OF THE EXCHANGE FACILITATOR, OR HOLD ALL CLIENT FUNDS IN A QUALIFIED ESCROW ACCOUNT OR QUALIFIED TRUST." RCW 19.310.040(1)(b) (as amended)

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