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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.
The Execution Risk Associated With 1031 Exchanges
Savvy investors know that a 1031 exchange can help boost potential cash flow and manage investor’s tax liability by deferring capital gains and other taxes on the sale of investment real estate and acquisition of replacement assets.
I'm Doing A 1031 Exchange, And I Need Some Help
A 1031 exchange can be a great way to delay taxes on gains from your property's sale. Rather than handing a chunk of your gains over to the IRS, you can purchase another property from your sale's proceeds and delay your tax bill for years down the road. However, even with these advantages, a 1031 exchange may not be the right route for everyone. In this article, we'll look at a few areas to consider when deciding to do a 1031 exchange or not.
1031 Exchange Taxable Vs. Non-Taxable Selling Expenses
When selling or purchasing an investment property in a 1031 exchange, certain expenses paid from 1031 proceeds will result in a taxable event for the investor. Routine selling expenses do not create taxable boot. Operating expenses and financing fees paid out of sales proceeds will result in taxable boot. A close examination of the closing statements for both properties (relinquished and acquired) can reveal what might be considered boot. In this article, we’ll navigate the taxability of selling expenses in a 1031 exchange.
I Need A Backup Strategy For My 1031 Exchange
You have a property picked for a 1031 exchange, but want to create a backup plan in case it falls through. In this article, we’ll walk through a few simple options that can be added to your 1031 forms and used as a backup.
Can Foreign Investors Do 1031 Exchanges?
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.
The Extension Of 1031 Exchange Deadlines: Are You Ready?
When the IRS announced various deadline extensions in April 2020, a large bulk of the U.S. population breathed a collective sigh of relief. The extension of quarterly tax payments and filing deadlines from April 15 to mid-July provided wiggle room for taxpayers dealing with COVID-19’s economic fallout.
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