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Can Selling a Conservation Easement Count for a 1031 Exchange?

A conservation easement is an agreement between the landowner and another entity (usually a government agency but potentially a nonprofit organization) that limits specified development activity on the property. Typically, the purpose is to protect some aspect of the land, possibly recreational or scenic attributes, historical value, or geologic or ecological sensitivity. Often the easement allows the owner to continue living on or using the land while ensuring long-term protection from prohibited uses like development.

Jan 10, 2023

What are the Two Kinds of Boot in a 1031 Exchange?

Real estate investors have used 1031 exchanges for decades to defer capital gains tax liabilities generated from the sale of investment properties.

Jan 3, 2023

What Happens When a 1031 Exchange Straddles Two Tax Years?

Some 1031 exchange executions start in one year and finish in another. This is called straddling tax years. Usually, this is no more than two years. What are the tax consequences when a 1031 stretches across two years, and what does it mean for the outcome of the 1031?

Jan 2, 2023

Can You Do A Like-Kind Exchange On An NFT?

Investors have long dealt in all kinds of traditional assets (cash, stocks, and bonds) and alternative assets (hedge funds, real estate, private equity, and stamp or coin collections). Within these asset classes are:

Dec 23, 2022

What Would Disqualify a Property From Being Used in a 1031 Exchange?

The many in-stone requirements involved with the 1031 exchange include the following: The relinquished property must be exchanged into replacement property/properties of equal or greater value The exchanger/investor must adhere to specific calendar deadlines A Qualified Intermediary (QI) must take control of all funds and proceeds during the exchange process

Dec 22, 2022

Can the Time Period of a 1031 Like-Kind Exchange Be Extended?

A 1031 exchange is a tool that investors can use to defer the payment of capital gains taxes when they sell an investment property and reinvest in another. Because of that benefit, the rules governing 1031 exchanges are strict. For example, the IRS imposes tight timelines for completing the transactions.

Dec 20, 2022

Can Earnest Money Come From a 1031 Exchange?

Completing a 1031 exchange is a common way for real estate investors to defer capital gains taxes from the sale of investment properties.

Dec 15, 2022

What Happens to a Depreciation Recapture in a 1031 Exchange?

Many real estate investors take annual depreciation expense, a non-cash flow reduction in income. However, the depreciation expense isn't a free lunch. Once the property is sold, the IRS will tax the depreciation. This is known as depreciation recapture. But does this same taxation apply under a 1031 exchange? Read on to find out.

Dec 13, 2022

What is a Mortgage Boot in a 1031 Exchange?

You may use a 1031 Exchange investment strategy to defer capital gains and retain your wealth when selling investment properties. 1031 or like-kind exchanges allow you to use the gains from the sale of your property or asset to reinvest in another similar property and defer capital gains tax liability.

Dec 10, 2022

What is a Built-to-Suit 1031 Exchange?

A 1031 exchange is a tax management tool that allows investors to defer the realization of capital gains taxes when they sell an investment property. The relevant section of the Internal Revenue Code is 1031, which is how the name originated. The IRS oversees these exchanges and stipulates tight deadlines for completion, along with other qualifying characteristics. There are some variations on the original exchange concept, which may broaden the utility for some investors. For example, you can engineer a reverse 1031 exchange if you identify the replacement property before you sell the property you intend to dispose of.

Dec 8, 2022

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