
1031 Tax
Deferred Property Exchange is an exchange in which capital
gains tax deferral is available to real estate owners who
sell their investment, rental, business or vacation real estate,
and reinvest the net proceeds in other real estate. Real estate
held for these purposes are called Like-Kind/1031 Properties.
Also referred to
as Starker Exchange, property owners may sell Like-Kind Properties
and defer taxes on the sale's profits by meeting the requirements
of Internal Revenue Code (IRC) 1031 Exchange. The purpose
of the 1031 Exchange is to allow sellers of Like-Kind Property
to buy replacement property of Like-Kind within a specific
time period and defer taxes.
Sellers have a
maximum of 180 calendar days from the closing of the initial
sale to complete the exchange. Within the first 45 days of
this period a seller must designate candidate properties and
propertly identify them to the IRS. A seller may target up
to three (3) properties regardless of value or a group of
properties with a combined value that does not exceed 200%
of the value of the initial property sale. The funds in a
trust account can be used as ernest money for designated property
once all IRS requirements for a 1031 transaction are met.
If no new properties
are identified in the first 45 days or no designated transaction
is completed during the full 180 day period, the trust will
be liquidated and the sale proceeds will be taxed at the prevailing
capital gains rate. |