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Nov 29, 2023 · Learn how to defer capital gains tax on investment property sales with a 1031 exchange, also known as a like-kind exchange. Find out the requirements, benefits and steps to conduct a successful 1031 exchange.
- 1031 Exchanges Are Also Known as ‘Like-Kind’ Exchanges, and That Matters. Section 1031 of the IRC defines a 1031 exchange as when you exchange real property used for business or held as an investment solely for another business or investment property that is the same type or “like-kind.”
- Careful: You’re on the Clock! When contemplating a 1031 exchange, the race is indeed to the swift, or at least to the efficient: You have 45 days from the date of the original property’s sale to identify a new property to reinvest the proceeds.
- 1031 Exchanges Don’t Work to Downsize an Investment. The strict rules surrounding 1031 exchanges require the new investment property to be of equal or greater value than the property being sold.
- Transactions Can Be Structured in Four Different Ways. As needs vary depending on circumstances, real estate investors generally use five different kinds of 1031 exchanges
- What Is Section 1031?
- Special Rules For Depreciable Property
- Changes to 1031 Rules
- 1031 Exchange timelines and Rules
- 1031 Exchange Tax Implications: Cash and Debt
- 1031S For Vacation Homes
- Moving Into A 1031 Swap Residence
- 1031S For Estate Planning
- How to Report 1031 Exchanges to The IRS
- The Bottom Line
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Broadly stated, a 1031 exchange (also called a like-kind exchange or a Starker exchange) is a swap of one investment propertyfor another. Most swaps are taxable as sales, although if yours meets the requirements of 1031, you’ll either have no tax or limited tax due at the time of the exchange. In effect, you can change the form of your investment w...
Special rules apply when a depreciable property is exchanged. It can trigger a profit known as depreciation recapture, which is taxed as ordinary income. In general, if you swap one building for another building, you can avoid this recapture. However, if you exchange improved land with a building for unimproved land without a building, then the dep...
Before the passage of the Tax Cuts and Jobs Act (TCJA) in December 2017, some exchanges of personal property—such as franchise licenses, aircraft, and equipment—qualified for a 1031 exchange. Now only real property (or real estate) as defined in Section 1031 qualifies.It’s worth noting, however, that the TCJA full expensing allowance for certain ta...
Classically, an exchange involves a simple swap of one property for another between two people. However, the odds of finding someone with the exact property that you want who wants the exact property that you have are slim. For that reason, the majority of exchanges are delayed, three-party, or Starker exchanges (named for the first tax case that a...
You may have cash left over after the intermediary acquires the replacement property. If so, the intermediary will pay it to you at the end of the 180 days. That cash—known as boot—will be taxed as partial sales proceeds from the sale of your property, generally as a capital gain. One of the main ways that people get into trouble with these transac...
You might have heard tales of taxpayers who used the 1031 provision to swap one vacation home for another, perhaps even for a house where they want to retire, and Section 1031 delayed any recognition of gain. Later, they moved into the new property, made it their principal residence, and eventually planned to use the $500,000 capital gain exclusion...
If you want to use the property for which you swapped as your new second or even principal home, you can’t move in right away. In 2008, the IRS set forth a safe harbor rule, under which it said it would not challenge whether a replacement dwelling qualified as an investment property for purposes of Section 1031. To meet that safe harbor, in each of...
One of the downsides of 1031 exchanges is that the tax deferral will eventually end and you’ll be hit with a big bill. However, there is a way around this. Tax liabilities end with death, so if you die without selling the property obtained through a 1031 exchange, then your heirs won’t be expected to pay the tax that you postponed paying. They’ll i...
You must notify the IRS of the 1031 exchange by compiling and submitting Form 8824 with your tax return in the year when the exchange occurred. The form will require you to provide descriptions of the properties exchanged, the dates when they were identified and transferred, any relationship that you may have with the other parties with whom you ex...
A 1031 exchange can be used by savvy real estate investors as a tax-deferred strategy to build wealth. However, the many complex moving parts not only require understanding the rules, but also enlisting professional help—even for seasoned investors.
A 1031 exchange is a swap of one real estate investment property for another that allows capital gains taxes to be deferred. Learn the rules, requirements, and benefits of this tax break, as well as the limitations and traps to avoid.
Learn how to exchange real property used for business or investment without recognizing a gain or loss under IRS Code Section 1031. Find out the rules, exceptions and reporting requirements for like-kind exchanges of real property.
Sep 12, 2023 · Still, “the question of ‘how often’ is a gray area in the IRS code,” Lueong warns. This is another reason why consulting your accountant is a must. “It should be noted that a 1031 ...
People also ask
Does a 1031 exchange count as a property?
When does section 1031 apply to a qualifying exchange?
Can you sell a rental property in a 1031 exchange?
What should I know before doing a 1031 exchange?
Feb 28, 2024 · Learn how a 1031 exchange can postpone capital gains tax on the sale of a business or investment property by using the proceeds to buy a similar property. Find out the qualifications, steps, deadlines and potential pitfalls of this tax strategy.
Aug 29, 2022 · Section 1031 is a tax code that allows investors to swap business or investment real estate and defer federal taxes. Learn the rules, benefits, and limitations of this strategy, also known as the Starker Loophole.
