1031 Exchange - HOW YOU CAN INDEFINITELY DEFER INCOME TAXES
- Author: Patrick O'Connor -
1031 Exchanges are excellent tools to reduce income taxes. Known both as "tax free exchanges" and "1031 exchanges" (based upon the enabling section of the federal income tax code) this tool allows investors to sell real estate without paying income taxes (at the time of sale). Real estate owners or investors expecting to acquire property subsequent to the sale of existing property can indefinitely defer income taxes by utilizing a 1031 exchange. 1031 exchanges have been available for over 20 year. Their popularity seems to have increased sharply over the last 7-10 years as their benefits have become known.
Properties that qualify for a 1031 exchange include any real estate used for business, trade or investment. Examples of 1031 exchange properties include apartments, office buildings, multiplexes, single-family or condo rentals, raw land, farms, ranches, and commercial and industrial properties. Also, you are not limited to exchanging for property similar or exactly like your existing property. Examples of qualified 1031 like-kind properties and like-kind exchanges:
Identification Period: Within 45 days of selling the relinquished property you must identify suitable replacement properties. This 45 day rule is very strict and is not extended should the 45th day fall on a Saturday, Sunday, or legal holiday. Exchange Period: The replacement property must be received by the taxpayer within the "exchange period," which ends within the earlier of 180 days after the date on which the taxpayer transfers the property relinquished, or the due date for the taxpayer tax return for the taxable year in which the transfer of the relinquished property occurs. This 180-day rule is very strict and is not extended if the 180th day should happen to fall on a Saturday, Sunday or legal holiday.
O'Connor & Associates is a national provider of investment real estate consulting services including commercial real estate appraisals, lease abstraction, tax deduction, feasibility studies, tax reduction, due diligence, and insurance valuations.