1031 Exchange – What Is It?
Wednesday, May 27th, 2009Many real estate investors who own investment and business properties in Brooklyn, New York are not aware of the opportunity to save thousands of dollars in capital gains taxes by using a 1031 Exchange, which allows you to exchange rather then sell your capital assets.
Under Section 1031 of the Internal Revenue Code (IRS), a ”Like Kind Exchange” allows an investor to defer federal capital gains taxes when business or investment real estate or personal property is exchanged rather than sold.
What Are Like Kind Properties?
In order to qualify as a tax-deferred exchange, the Relinquished
Property (the property you want to exchange) and the Replacement Property (the property you want to acquire) have to be of “like-kind”. Real estate must be exchanged for other real estate and personal property must be exchanged for other personal property. In the case of real estate, the type of property is not important. Land, office buildings, apartments, rental homes and condominiums are all real estate and qualify as “like-kind” property.
The Qualified Intermediary
In order to satisfy the requirements imposed by the IRS for a valid 1031 exchange, you must have a qualified intermediary to facilitate the exchange. What does that mean? Before you put the property you want to exchange under contract, you are required to find a person or entity to act as a qualified intermediary, also called a facilitator or accommodator, who is a neutral party that takes possession of the proceeds from the sale of your property, uses the funds to purchase the new property, then transfers title of the property to you. (Please consult your attorney)
Time Requirements
According to Section 1031 you are required to identify potential Replacement Property(ies) within 45 days after the closing of the Relinquished Property. Generally you are limited to identifying three potential Replacement Properties.
In addition, an you must acquire the Replacement Property(ies) within 180 days of the closing of the Relinquished Property. Failing to meet either of these time requirements will prohibit your ability to defer any capital gains tax using a 1031 exchange.
To Sum Things Up
If you are an investor that owns one or more investment properties, look into a 1031 exchange the next time you want to sell a property. It could save you thousands of dollars by letting you defer capital gains taxes to a future time, in theory until death potentially avoiding them all together, which makes a 1031 exchange a wise tax and investment strategy as well as an estate planning tool.

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