Often, 1031 investors would like to set aside a portion of the money from their property sale. Perhaps they have college tuition or an upcoming wedding to consider. This begs the question: Is it possible to keep a portion of a property sale’s proceeds while still deferring the majority of taxes with a 1031 exchange?
Can foreign investors take advantage of IRS §1031 to execute a tax-deferred exchange when selling their U.S. real estate assets? The short answer is yes. The longer answer is a bit more complex.
Congress enacted the Foreign Investment in Real Property Tax Act of 1980 (“FIRPTA”) to impose a tax on foreign investors selling real property assets in the United States. The act requires that anyone who buys real estate assets from foreign persons or entities must withhold a prescribed part of the purchase price, which would normally go to the foreign seller. Why exactly? To ensure that the foreign seller pays capital gains taxes when they are due.
We’ve talked before about 1031 Exchanges and Delaware Statutory Trusts (DSTs). Delaware Statutory Trusts can be attractive investments, especially if you want to own real estate, but don’t want the hands-on hassle. The DST can also provide a terrific tax-deferral mechanism if you decide to exchange into it from a real estate asset sale.
Every real estate investor or property owner should be familiar with a couple of key concepts: “Realized Gain” and “Recognized Gain.” Although they sound similar, they are vastly different—and knowing the difference can dramatically impact your bottom line.
In our first article on recession-resistant property types, we went over a broad range of property types that tend to perform well during a recession. In this article, we’ll look at three more types — office, medical office, and retail. We’ll also compare certain subgroups that performed poorly during the last recession with other subgroups that fared much better.
One of the biggest questions we get is: “can I use my primary residence in a 1031 tax-deferred exchange?” Well, maybe not everyone, but certainly some. But, can you? The IRS’ short answer is a stern no. However, as is usually the case under the Internal Revenue Code, there are exceptions.
Are you currently in a 1031 exchange or contemplating beginning an exchange? If you sold an investment property between October 17, 2019 and December 31, 2019, you would normally plan on filing IRS Form 4868 - Application for Automatic Extension of Time to File U.S. Individual Income Tax Return on or before April 15, 2020. However, this year may be different with the extended IRS filing deadline of June 15, 2020.
With the holidays and celebrations in the rear-view mirror, your attention should turn to the next big event. Not Valentine’s Day or St. Patrick’s Day, but April 15, the tax-filing date. Even as you gather paperwork and finalize profits, losses, and expenses from 2019, it’s important to pay extra attention to your asset sales. In most cases, you’ll be required to report capital gains from those sales to the IRS through three forms: 8948, 1099-B, and Schedule D.
The Land Act of 1820 was one of America’s first solutions for motivating people to buy land in “The West.” By reducing the minimum price and size of a standard tract, the government made land ownership throughout the country accessible for average Americans—not just the wealthy.
Depending on how you are involved with a property, there are different tax forms to consider when filing your income taxes. These forms also arrive at different times of the year. In this article, we discuss three common real estate tax forms.