1031 Exchange Rules like Kind

Individuals or companies that own qualified commercial or investment properties may trade them in a similar exchange. This is called a deferred tax or 1031 exchange under Section 1031 of the U.S. tax law, so the seller can avoid paying capital gains on the stock exchange. Similar ownership must meet the Internal Revenue Service (IRS) definition to be eligible for a section 1031 transfer. To qualify for a tax deferral, similar properties cannot be sold directly – they must be traded. In general, rental apartments, condominiums and apartments are all the same and are therefore entitled to 1031 similar exchanges. These types of properties are similar for two reasons. First, they generate revenue through leases and leases. Second, they are not primarily held for personal use.

Again, there is no one-year tax code mandate, but the IRS may want to hold at least one year. The only minimum holding period required under Section 1031 is an exchange of “related parties” where the required holding period is at least two years. Identification Requirements: The investor must identify the replacement property by midnight on the 45th day. The investor typically names three potential properties of any value and then acquires one or more of the three within 180 days. As a rule, a common address or a single description is sufficient. If the investor needs to identify more than three properties, it is advisable to contact your moderator 1031. Any property held for productive use in a trade or enterprise or for an investment may be exchanged for similar goods. Like-Child refers to the type of investment and not the form. Any type of investment property can be exchanged for another type of investment property. A single-family home can be exchanged for a duplex, a plot of land for a shopping mall or an office for apartments. Any combination will work. The exchanger has the flexibility to change its investment strategy to meet its needs.

The answer is “yes” if the apartment meets the conditions set out in the 2008-2016 revenue procedure. Entered into force on 10 March 2008. This revenue process clarified what was once considered a convoluted area of 1031 exchanges. The qualifications are as follows: Remember, the whole idea behind a 1031 exchange is that if you have not received any proceeds from the sale, there is no income to tax. So if you take control of the money or other products before the exchange is complete, it can disqualify the transaction and make your profit taxable immediately. * For this purpose, the first 12-month period ends immediately before the exchange on the day before the exchange (and begins 12 months before that day) and the second 12-month period ends the day before the start of the first 12-month period (and begins 12 months before that day). You must notify the IRS of the 1031 exchange by compiling and completing Form 8824 with your tax return for the year the exchange took place. To qualify, most exchanges simply have to be of the same kind – an enigmatic phrase that doesn`t mean what you think it means. You can exchange an apartment building for raw land or a ranch for a shopping mall. The rules are surprisingly liberal. You can even exchange one business for another.

But there are pitfalls for the unwary. Given the above information, it is therefore common knowledge that parts of a hotel transaction can be exchanged for parts of a restaurant. Hotel properties can be exchanged for restaurant properties. The hotel and restaurant may have common assets that may be eligible for a 1031 exchange. The goodwill of the hotel could not be exchanged for the good will of the restaurant. These rules mean that a 1031 exchange can be ideal for estate planning. Not all real estate “property” has the same property rights. One can have permanent or temporary rights, either to the land, or to what constitutes improvements for the country, or both. It is not necessary for immovable property to be held with the same rights to be considered identical. Getting started with an exchange is as simple as calling your Exchange facilitator. Before making the call, it is useful to have information about the parties to the transaction (e.B names, addresses, phone numbers, file numbers, etc.).

During the phone call, the exchange coordinator will ask questions about the abandonment of the property and any proposed replacement properties. Relationships are important. Your qualified intermediary or stockbroker cannot be a relative, your lawyer, banker, employee, accountant or real estate agent. People who have served you in one of these roles in the past two years are also taboo. And you can`t be your own qualified intermediary. Real estate in the United States is not considered “similar” to real estate in a foreign country. It is not possible to exchange from the United States for foreign goods and vice versa. The exchange of real estate across national borders is a very common thing for investors. In fact, that`s exactly what many of our customers do.

It is important to recognize that the tax treatment of intergovernmental trade varies from state to state, and it is important to review the tax policies of the states concerned as part of the decision-making process. Colocation can be used to divide or consolidate financial holdings, diversify holdings or gain a share of a much larger asset. It allows you to specify the volume of investment in a single project, which is important in a 1031 exchange where the value of one asset must match that of another. Before attempting a Type 1031 exchange, you should consult a qualified professional about your particular situation. Prior to the Tax Cuts & Jobs Act of 2017, tangible items such as farm equipment, livestock, artwork, and even baseball players could be exchanged for assets such as in-kind benefits. From now on, only corporations, investment properties and certain fractional ownership structures are considered similar. According to the IRS, offering the vacation property for rent without having tenants would disqualify the property for a 1031 exchange. The definition of a related party for the purposes of section 1031 is defined by IRC 267b.

Related parties include siblings, spouses, ancestors, descendants, a 50% owned business directly or indirectly, or two companies that are members of the same controlled group. In a reverse exchange, you buy the new property before selling the old property. Sometimes it is an “exchange apartment owner” who does not hold the new property for more than 180 days while the sale of the old property takes place. Again, the rules are complex, so hire a tax professional. If a replacement property has a lower value than the property sold, the difference (cashier) is taxable. If personal property or non-similar property is used to complete the transaction, this is also a startup, but it does not disqualify for a 1031 exchange.. .