Once the province of vacationers and second-home owners from Alabama,
Mississippi, Georgia and elsewhere in the Deep South, the strip of the
Florida Gulf Coast that stretches from Panama City Beach to Destin and once
known as the "Redneck Riviera" is now worthy of another, if less
familiar moniker, the Emerald Coast.
Nowadays, you're just as likely to see a Mercedes as a pickup. Cadillac
Escalades and Lexis RX330 SUVs are as prevalent as spring break jalopies.
And they carry license plates from as far away as Ohio, Michigan, and New
York along with the more readily recognized southern states. If you close
your eyes and listen carefully, you can even hear German and British
accents among the more familiar Southern Twang.
Why, the place even has its share of stars. Country music icon Alan
Jackson recently became the official endorser of La Borgata, a 14.5-acre
property in Panama Beach within walking distance of the sugar-white sandy
beach. Jackson will own one of the 189 units planned for the site by Ronnie
Gilley Properties, which has George Jones as its official spokesperson.
But again, the Florida Panhandle is now more than just country. Dallas
Cowboy' owner Jerry Jones has a place here. So do actress Patricia
Richardson, Chef Emeril Lagasse and Hall of Fame Quarterback Bart Starr. If
you look carefully, you might even see Courtney Cox when she comes to visit
her brother, Richard, who's one of the area's premier pool builders.
"It's amazing the amount of wealth that's coming here," says
one long-time realty pro in the Destin market. "I don't know where
that Redneck Riviera thing started, but that's all changing. We're right on
the edge of going national."
Make that international, interjects Ken Breland, director of sales at
Wild Heron, a nearly 800-acre property owned, in part, by golfer Greg
Norman, who designed the 600-home project's golf course. "We're
beginning to penetrate the European market like they've done down in
Naples," says Breland, who notes that foreign accents are found among
the familiar drawl at Wild Heron, too. "Our prices here are half what
they are in Southwest Florida, and we're right on the water."
The influx of both national and international visitors also is likely to
be hastened by a brand new airport on 9,600 acres that have been donated by
the St. Joe Co., perhaps Florida's largest private land owner. Significant
regulatory and funding issues must still be overcome before the Panama
City-Bay County International Airport can be built. But if it comes to
fruition, as most observers believe it will, it will sit just north of West
Bay, and will be part of a 78,000-acre preservation area that could be used
for wildlife greenways, hunting, fishing, hiking, bird-watching and nature
centers.
It is Sandestin that many observers credit with beginning the
transformation from honky-tonk red to emerald green. And it is the
Vancouver, B.C.-based resort developer, Intrawest ULC, which recently
became a privately held company, that transformed Sandestin into an
all-inclusive, 2,400-acre golf and beach resort straddling Highway 98 just
a few miles east of Destin.
Sandestin was actually started in the mid-1970s by local developer Peter
Bos, who, while blessed with great vision, had limited resources. And after
finishing much of the property's southern portion between the highway and
the Gulf, his finances gave out. Intrawest, Sandestin's third owner,
acquired the resort from a Malaysian company in 1996. And although the
local, "it-can't-be-done" nay-sayers were certain there was no
market for vacation homes on the northern, much larger, bay-side portion of
the property, Sandestin now boasts every type of ownership possibility
anyone could ever want -- on both sides of the highway.
Intrawest is perhaps more famous for its 15 mountain resorts, including
Whistler in British Columbia, Tremblant in Quebec, Mammoth and Squaw Valley
in California and Stratton in Vermont. Indeed, Sandestin was the company's
first-ever warm-weather property. (It now has four.)
But by applying the same "placemaking" principles that proved
so successful on the slopes, the company has proven the negative nabobs
wrong.
Just as Sandestin has raised the bar in Destin on the western, Ft.
Walton-end of the Emerald Coast, the Towne of Seahaven is destined to do
the same for Panama City Beach on the eastern end.
Located on a 53-acre, largely blank canvas with more than a quarter of a
mile fronting on a beach that is generally acknowledged as one of the
finest in the world, Seahaven will be a village-centered community with a
core of vibrant shops, restaurants and nightlife, all surrounded by an
assortment of 3,000 upscale residences.
Intrawest has a hand in Seahaven, too. Its sales and marketing arm,
Playground Destination Properties, will perform those chores for developer
Neel Bennett and his family. But hiring Playground and a host of top
planners, architects and designers wasn't the only smart move the Bennett
clan made.
Back in 1924, Bennett's grandfather bought the property for 10 cents an
acre as a throw-in as part of a much larger transaction. At the time,
"no one else wanted the land because you couldn't grow anything on
it," says Neel. So, his grandfather bought it with the thought of
putting up a saw mill.
Luckily, those plans fell through. Now the site is one of the largest
undeveloped parcels on the Emerald Coast. And Neel, whose says his family
has "had a long love affair with the land" here, is getting the
"opportunity to do the job my grandfather started to do in the
1920s."
The Towne of Seahaven, with its four distinct villages, all geared
around the central village, is being billed as the first true destination
resort in the popular Panama City Beach coastal area. A mini-city, if you
will, with 60 entertainment hot spots, villas, townhouses, hotels, a
conference center and its own in -village transportation system.
"When my grandfather bought this land, people told him he was
crazy. Needless to say, we're very grateful he didn't listen to them,"
says Neel. "Now we're going to do something with it that he would be
proud of."
The Bennett family also is working with Playground on another Panama
City Beach property called Sanctuary Beach, which just might be the last
piece of pristine real estate on the Gulf Coast. And the project proves
that at least one local isn't a yokel when it comes to developing the land
in these parts.
Now 45, Neel Bennett, born, raised and still living in Panama City, has
been coming to the 43-acre property that fronts St. Andrews Bay since he
was 10. He learned to swim there. So when he was presented with an
opportunity to buy it three years ago, he jumped at the chance. Especially
since the seller was thinking of "clear-cutting" the entire site.
"It's a one-of-a-kind property," Neel says of Sanctuary Beach,
which is graced with 100-year-old, moss-draped live oaks.
"A parcel like this is usually a state park or a preserve. It's old
Florida, the Florida that was a true, untouched paradise. I bought it from
another developer who was going to take everything down. But I was
convinced this could be something special, that we could build value by
doing things differently."
Different, indeed. Besides eight spectacular waterfront lots, the
community will feature 275 condominiums and 125 single-family houses. A
total of 400 units will be built. That's about nine to the acre when the
county would have allowed twice that, and a density most other developers
would have grabbed at and run.
Not Bennett, a fourth-generation local who has what Playground's Breland
says is "a sense of pride that merchant builders don't have." The
national developers build excellent, quality projects, according to Breland,
who heads sales at Sanctuary as well as Wild Heron. "But they have no
sense of ownership because they don't live here. Neel is a real steward of
his land."
And so goes the Emerald Coast. Not only is it no longer the Redneck
Riviera, it's fast becoming one of North America's ultimate places to play.
"A lot of people see what was here," says Panama City Beach
Mayor Lee Sullivan. "But only a few see what could be here. And now we
are witnessing the creation of something special."
Question: I have rented a house in Texas for more than 10 years and would
like to sell it as part of a 1031 Starker tax-free exchange. I plan to sell
my house and purchase a rental unit near Virginia Beach. I have never
occupied or used the Texas property and have exclusively rented it to various
tenants over the years. My gross income has substantially increased over the
years, thereby reducing the tax benefits of owning this rental property. I
intend to rent the replacement property "beach" house during the
summer months and also use it for 14 days or less during the rest of the
year.
Am I permitted under the 1031 exchange laws to swap a rental unit for a
"vacation home"? In other words, is this considered a
"like-kind" exchange? Answer: The specific answer depends on the
use which you plan for the vacation home. But first, I want to correct a
misstatement in your question. Section 1031 of the Internal Revenue Code is
the operative section which permits the so-called "Starker
exchange." You referred to it as a "tax free" exchange. This
is not accurate. As has often been said, "Death and taxes are the only
certainty in life".
A Starker - 1031 exchange is not tax-free. It is best described as a
"tax-deferred" transaction. When you sell your Texas house -- which
is called the "relinquished property" -- the profit which you have
made will be taxed at the Federal capital gains tax rate, which currently is
15 percent. You may also have to pay the applicable State or local tax.
However, if you arrange to "exchange" the Texas property, and
comply with all of the legal requirements for a 1031 exchange, the tax which
you would have paid is deferred. Let's look at this example. You purchased
the Texas property for $50,000. You will sell it for $350,000. For purposes
of this example, we will ignore depreciation and any improvements which you
have made. Your profit is $300,000. If you do not do a 1031 exchange
transaction, you will have to pay the IRS $45,000 in capital gains tax.
However, if you exchange the property, and purchase a replacement property
for $400,000, you will not have to pay the tax at this time. But the law does
not give you a complete break. Even though you will pay $400,000 for the new
property, the basis of the relinquished property becomes the basis of the
replacement property -- i.e. $50,000. Basis is defined as the original cost
of the property, plus any improvements which you have made during the period
of ownership. Thus, when you go to sell the replacement property later,
unless you engage in yet another 1031 exchange, you will ultimately have to
pay the capital gains tax on all of the profit you have made. In our example,
if you sell the replacement property for $550,000, your profit is $500,000
($550,000 - 50,000), even though you paid $400,000 for that real estate.
Now back to your question. There is no statutory definition of
"like-kind." However, the IRS and the Tax Court have made it clear
that the replacement property has to be real estate. This means that you can
swap your Texas single family home for another such property, or any other
kind of real estate. A house can be exchanged for an office building; a
condominium unit can be exchanged for a vacant lot. A shopping mall can be
exchanged for a farm. So long as the replacement property is real estate, it
will pass muster with the IRS. But a vacation home creates potential
problems. In order to have a successful 1031 exchange, the law requires that
both the relinquished and the replacement property be "held for
productive use in a trade or business or for investment."
Another section of the tax code (Section280A) creates special rules dealing
with such properties. If the vacation home is not used by the taxpayer for
personal purposes for the greater of (a) more than 14 days during the tax
year or (b) more than 10 percent of the number of days during the year in
which the property is rented out, it is considered investment property.
Accordingly, you may be able to acquire the Virginia Beach property as the
replacement property in your 1031 exchange. However, it is my understanding
that there are no reported court cases dealing with this issue. Thus, it is
possible that some IRS auditor may consider that your personal use of the
property -- albeit less than 14 days and in compliance with Section 280A --
defeats the investment purpose and would not honor the exchange. Your best
bet: at least for two years, do not use the Virginia beach property at all,
so it truly will be rental property.
Keep in mind that when you sell the relinquished property, you must identify
the replacement property within 45 days from the date of its sale, and you
must actually take title to that property at the earlier of 180 days from the
sale date, or when your income tax return for the year in which the property
is sold is due. These are mandatory deadlines spelled out in the law, and
cannot be waived. A 1031 exchange is a valuable tool for any investment
property, but must be done properly. Consult your tax and legal advisors
before you make any commitments or sign any real estate contracts.