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While it's certainly true that the offer of a fixed-rate, 30-year mortgage at 4.5% seems tantalizing to many people, whether or not it would truly spark a housing sales rebound is unknown. For one thing, to get people to act now, it would have to be some type of limited offer. From a CNNMoney.com story:

Lobbyists are pushing the Treasury Department to consider a plan to purchase mortgage-backed securities in the hopes of driving mortgage rates to as low as 4.5%, an industry source said.Similar to an effort unveiled last week by the Federal Reserve, the proposal calls for Treasury to buy securities backed by 30-year fixed-rate mortgages from Fannie Mae and Freddie Mac...

The increased demand for mortgage-backed securities would prompt mortgage rates to drop. That, in turn, would enable homeowners to refinance into lower-cost loans and make it cheaper for potential homebuyers to get into the market...

Industry groups have been pressuring President-elect Barack Obama and lawmakers to lend a helping hand to the housing market. The National Association of Realtors, for instance, has called for Treasury to buy mortgage-backed securities.
Meanwhile, a coalition of industry groups have banded together under the "Fix Housing First" banner to call for measures including tax credits of up to $22,000 and the creation of a 30-year mortgage, carrying rates as low as 2.99%...
Experts, however, had mixed views on how much a new Treasury initiative would help homeowners and the economy. Some felt lower rates would help stabilize the housing market by bringing in new buyers and would give those who refinance more money to spend...
But others questioned whether rates would remain low and, even if they did, only a narrow slice of credit-worthy borrowers would benefit...
Also, the proposal would do little to help troubled borrowers who have fallen behind on their payments, have no equity in their homes or have lost their jobs. With credit standards still high, these homeowners would not be able to refinance and take advantage of the lower rates, he said.
Finally, super-low rates could keep private investors out of the mortgage-backed securities market, forcing the government to remain the primary buyer of such investments.

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Own an investment property? Did you know you can defer any capital gains? This is done through a 1031 Exchange. When using the 1031 Exchange you will defer any such gain until sometime in the future. As long as you purchase another investment property of of equal value, you will qualify. This is a definite time line that you must follow. Once your first property is sold, you have 45 days to identify a replacement property. The exchange must be completed by the date that is 180 days after the transfer of the relinquished property, or the due date of the taxpayers federal tax return for the year in which the relinquished property was transferred, whichever is earlier.
You will need to contact a qualified intermediary. There are several companies that specialize in 1031 exchanges. The intermediary cannot be the taxpayer. The intermediary acquires the relinquished property and transfers it to the buyer. Then the intermediary holds the sales proceeds to prevent the taxpayer from having receipt of the funds. The final leg of the transaction the intermediary acquires the replacement property and transfers it to the taxpayer.
Timelines are very important. For further information, contact an intermediary of your choice of feel free to give me a call or email me.

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A: One of the best way to defer paying federal income taxes while investing in real estate is by buying and selling properties and using a 1031 tax deferred exchange mechanism.
A 1031 exchange also known as a Starker exchange allows you to sell an investment piece of real estate and buy a subsequent piece of real estate of equal or greater value and not pay federal income taxes on the sale.
If you owned the apartment building for a long time before buying the restaurant building, you should have been able to defer a significant amount by using the 1031 exchange to complete the transaction.
If you worked out the details properly for the exchange, you sold the apartment building and then within 45 days of closing on the sale of the apartment building you designated the restaurant building as the new property to replace the apartment building. You closed on your purchase of the new restaurant building within 180 days of the sale of the apartment building and for federal income tax purposes, you paid no taxes.
If you had not used the 1031 exchange for the sale of the apartment building, you probably would have had a significant tax liability resulting from its sale
If you now sell the restaurant building, youll have to pay federal income taxes on the sale of the building. On your capital gain in the sale you will have to pay federal income taxes at the rate of 15 percent, your applicable state tax, and recapture the depreciation you took over the years.
Lets assume you bought the apartment building for $100,000 years ago and bought the restaurant building for $500,000. Now youre selling the restaurant building for $1,000,000.
With these numbers, youd have a capital gains tax to pay on the difference between the purchase price of the apartment building ($100,000) and the sales price of the restaurant building ($1,000,000).
Over the years, you were entitled to depreciate the cost of the buildings and receive a tax benefit each year that you owned the buildings. When you sell, youll have to pay back the depreciation benefit at the rate of 25 percent.
While shelling out that much cash to Uncle Sam might seem steep at first glance, you might first want to consider that todays capital gains tax rates are the lowest weve seen in years. If you sell now and pay the taxes, you may be paying taxes at lower rates today than the rates we may see in the future.
But if you want the cash now but want to minimize the effect on your taxes and dont want to do another tax deferred 1031 exchange, there may be other options.
If you assume that federal income tax rates will remain about the same, you could sell the property on an installment sale basis. That is to say, you would sell the property over time and receive your money over the next several years. In an installment sale, you pay federal income taxes as you receive the payments from the installment contract buyer.
Another option that some real estate professionals are advising their clients on is a structured settlement through a 1031 tax deferred exchange company. Unlike a traditional 1031 tax deferred exchange, the company would assist you in setting up the sale of the property and transferring the proceeds to a company that would then pay you over time the proceeds from the sale. Those proceeds would be taxed to you in future years at your then applicable tax rate.
You should know, however, that in these structured settlements of real estate sales, some real estate professionals are not convinced of their effectiveness in dealing with the tax issues. That means, some people dont believe that the IRS will look kindly on what are essentially tax shelters. On the other hand, the companies that are setting up these structural settlements believe that the seller should not have problems with the IRS.
Before you make any move, you should explore the tax ramifications of all of your options with your accountant (provided he or she has substantial experience in real estate transactions deferred exchanges) or your real estate attorney.

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Mr. Exeter is president and chief executive officer of Exeter 1031 Exchange Services, LLC and its affiliate companies. He has written and lectured extensively on 1031 exchange transactions pursuant to Section 1031 of the Internal Revenue Code and on Tenant-In-Common (TIC) Investment Properties as like-kind replacement property solutions pursuant to IRS Revenue Procedure 2002-22. In addition, Mr. Exeter is the host of The Exeter Group Real Estate Talk Radio Show; is a frequent guest expert on "The Financial Advisors - Money Talk Radio Show on News Radio AM 600 KOGO San Diego and on the "Inside Business Radio Show" on Business Talk Radio AM 1000 KCEO San Diego. Mr. Exeter also serves as an industry consultant through Exeter Consulting Group, LLC and has served as an expert witness regarding 1031 exchange related litigation.

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