1031 Exchange
What is a 1031 Exchange?
The internal revenue Code provides that a taxpayer may sell an asset and defer payment of capital gains tax if that taxpayer uses the proceeds to acquire a like kind replacement asset.
The Fundamental advantages of a tax-deferred exchange may be utilized to diversify, consolidate or leverage your investment portfolio.
The 3 Requirements to Defer Capital Gains Tax under the Section 1031 are:
- The property disposed of and the property received must be help for productive use in a trade or business or for investment.
- The property disposed of and the property received must be of "like Kind" ...The "like Kind' requirement is different for personal property than it is for real property.
- There must be an "exchange' as distinguished from a "purchase and Sale".
The 4 methods of 1031 Exchanging:
- Simultaneous Exchange
- Delayed Exchange
- Reverse Exchange
- Construction/ Improvement Exchange
The most commonly utilized tax planning strategy available to investors is the Delayed Exchange....The delayed exchange results in when there is a delay between the sale of the real property and the purchase of the replacement property. AKA "Starker Exchange"
The 3 steps to a Delayed 1031 Exchange are:
- Sale of the relinquished property - but before the sale of the property, the exchanger MUST retain a qualified intermediary because it is required to facilitate a valid 1031 Exchange.
- Identification of the replacement Property - the exchanger must identify the replacement property within 45 calendar days after the close of the relinquished property. This must be identified with a signed written notice by the exchanger and sent to the Qualified Intermediary.
- Purchase of the replacement property - within 180 calendar days from the sale of the relinquished property, or the exchangers tax filing date, which ever is earlier, the exchanger must acquire "like kind" replacement property.
For more information about qualifying for a 1031 Exchange, please call us, we would be happy to provide you with a NO Cost Consultation and answer any further questions or concerns you may have.