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1031 Exchange & High Cash Flow Real Estate Investments
Tax savings from a 1031 exchange can be substantial. A 1031 exchange can be a great way to defer capital gains taxes, diversify your portfolio, and there’s a potential to grow your wealth through investment in high cash flow real estate. By doing a 1031 exchange, you can purchase replacement property, passive income potential, manage risk, and defer taxes.
What Is The 1031 Plan, And What Do You Get?
A 1031 exchange is defined under section 1031 of the IRS code, and it’s a strategy used by taxpayers to defer capital gains taxes on a business or investment property. Upon the sale of the property, the taxpayer must find and purchase a “like-kind” replacement property with the profit gained from the sale of the relinquished property within a strict time period dictated by the IRS.
Can I Use A 1031 Exchange For Property Improvements?
A 1031 exchange allows investors to sell one property and purchase another like-kind property while deferring taxes on gains. This doesn’t mean you must purchase the replacement property for the same price as the relinquished property. The replacement property can be a higher or lower value. But if you want to defer all gains, the replacement property must be at least of equal value.
Who Helps Me With My 1031 Exchange?
What are the different advisory roles needed to execute a 1031 exchange successfully? You'll have direct interaction with some of the people involved with your 1031 exchange. At the same time, others will be behind the scenes, although they are just as important. In this article, we'll look at the different roles you'll interact with when executing a 1031 exchange.
What Are The Holding Period Requirements For A 1031 Exchange?
IRS Code Section 1031, which details the exchange of like-kind properties, does not specify a minimum holding period for the deal's properties. The language of Section 1031 does stipulate that the property must be held for productive use in a trade or business or for investment. That applies to both the property sold and the property purchased.
Can You Live In A 1031 Exchange Property?
Section 1031 of the Internal Revenue Code allows a taxpayer to defer the recognition of gains (or losses) on an investment property when sold if the relinquished property is exchanged for a like-kind replacement property. While Section 1031 does not specify a holding period for the property, the IRS and courts have generally held that two years is adequate. Separately, IRC Section 121 (a) allows for the exclusion of capital gains from the sale of a primary residence of up to $250,000 for a taxpayer, or up to $500,000 for a married couple filing jointly. The IRS has set eligibility for the Section 121 exclusion at two years (ownership and use as main home) during the last five years, with some exceptions.
Does A Ground Lease Qualify For A 1031 Exchange?
There are ways to structure your ground lease exchange so that it satisfies IRC Section 1031. A ground lease is a type of decades long, long-term commercial lease where the tenant owns the structure but not the land it sits on. The landlord owns a fee simple interest in the ground, not the structure. Tenants have the right to develop and use the property throughout the duration of the lease but pays rent for the land to the landlord.
1031 Exchange Agreement: What You Need to Know
For a transaction to satisfy the requirements of IRC Section 1031, the taxpayer must meet several provisions of the code. While the IRS does not require that the sale and purchase agreements contain language that establishes the owners' intent to complete an exchange, many participants include clarifying verbiage anyway. Often the purpose for the seller to insert this language in the agreement is twofold:
How Many Times Can You Do A 1031 Exchange?
While timing is important in the 1031 exchange process, the taxpayer’s intent is everything. According to Section 1031 of the U.S. Internal Revenue Code, a 1031 tax-deferred exchange has a sequence of actions that must be completed within a strict time frame to qualify. Outside of the 45-day identification period and the 180-day exchange period of a property, which run concurrently and start counting when the sale of your property closes, there is no law regarding the minimum or maximum time of ownership, the number of times you can do a 1031 exchange, or the frequency.
How To Report a 1031 Exchange on Your Tax Return
You’ve successfully completed a 1031 like-kind exchange and deferred your capital gains tax on the sale of your former investment property - congratulations! The IRS still wants a report of every single exchange where you may have deferred your tax liability.
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