Rules and Requirements For 1031 Exchange

Written by admin on May 22nd, 2011

A lot of people may have any question for in the sale of their real property and about 1031 exchange should consult a tax professional. For people who may not have heard about this 1031exchange, it was created during the year of 1990. The main purpose of having this 1031 exchange is to help real estate investors who are in a real estate business. They can benefit from their investment by re-investing their properties for exchange to their old properties.

Although this process may seem like ordinary tax federal procedures, it is essential to your business for you to gain knowledge about exchange rules. Just like other business ventures, there are a lot of requirements for you to qualify in this 1031 exchange code.

A minimum of at least two properties should be involved within the transaction. You cannot use your own home to qualify for 1031 exchange code. You have to hire a personal real state lawyer to help you in fixing legal processes involving 1031 exchange. You may also choose to hire a qualified intermediary to ease the problem of getting 1031 exchange requirements.

You have to go after the 45 day rule. You only have 45 days from the actual date you “sell” your property to see the property that you want to “buy.” Keep in mind that rules are presented because you are responsible in doing an exchange and you are required to follow exchange rules. It is better if do not trade your property, pouch the money, and look for a new property. Take the 45 day rule to look for the right property for your exchange.

The 1031 exchange take the 180 day rule. You only have 180 days from the classification date up to the final closing date to be able to accomplish the whole exchange process. These dates cannot be stretched according to your needs. You must accomplish the deal within the time allotted by the IRS to take benefits out of complimentary tax treatment. If the 180th day is Sunday, you cannot get an extra day. It is exactly 180 days regardless of any day it might fall.

Look for a buyer for your property. The person that might purchase your property is not exchanging your property for their property. You are not forced to buy their property even though the 1031 exchange is referred to as an exchange deal. The exchange only happens through a QI holding then only exchanging the title of the property to all parties later.

It can be referred as a person who enters a contract along with you to transfer any asset that you give up to acquire the new property you choose to replace. This new property will replace your old property. The 1031 exchange can limit your right to borrow, pledge, and receive benefits or any property by the qualified intermediary. All this can greatly help you in engaging into this 1031 exchange. If you have a lot of assets it means more good investment for your business.

Author Bio: Written by William Jonas – Bristol 1031 Exchange Services, Inc. provides 1031 tax deferred solutions to real estate investors nationwide. Costa Mesa, CA 92626.

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