Section 1031 ? Its Relevance in Deferring Capital Gains Taxes

Written by admin on May 20th, 2011

In the process of venturing into real estate investments, there are certainly legal obligations you need to deal with that must be in lieu with the laws of the federal state such as taxes incurred for gaining a property. However there are likewise salient regulations that make real estate investment a more viable venture minus the hefty taxes you are obliged to pay. Section 1031 is a great alternative that gives tremendously helpful financial assistance to home or property owners who are looking for great deals but not the tax payment. It is imperative to understand this implementation to know if you are eligible and qualified for the benefits it has to offer.

Section 1031 is also referred to as the tax-deference exchange which works in the method of relinquishing your existent property in exchange or replacement of a like-kind property. The most important feature of this act is on the intent of the home or property owner as to the replacement of his house or unit. It must always be geared towards productive measures such as using the property for investments, trade or businesses. A like-kind property must be exchanged to your own and not the conventional selling process in order to avail the tax-deferred exchange program.

There are several benefits found in relinquishing your property and using it for more profitable options through using section 1031. One of the most prominent advantages in this tax break is that you are actually postponing or potentially eliminating capital gains taxes that are due on the sale of your qualifying property. However, tax-deference is totally different from a tax-free incentive. Therefore, the exemption or forfeiting of the incentive is imminent for those who are eventually selling their property and not exchanging it in lieu with the guidelines of section 1031. Once you are no longer covered by this tax break, you are obliged to pay for the original gain tax you incurred without the tax-deference privilege as well as other additional gains or fees incurred during the purchase or the said replacement property.

Another good feature of this compensation is that you get to spend or invest your money on other businesses to augment your financial resources. It is getting an interest free loan from the federal government since you get to keep your money which is basically intended for the payment of your deferred capital gains taxes. It also means having the opportunity to reallocate your investment and find other profitable ventures without possibly paying for the tax on any gain that you incurred.

Make sure that you eligibly complied with the requirements set by the Internal Revenue Code as to the qualifications to avail the tax breaks for tax-deference exchange. You need to have the qualifying properties, proper purpose and intents which is for investment and the like and not for selling purposes and the method must be replacement and exchange and not selling of the property.

Getting to know and understanding section 1031 is of utmost importance for a hassle-free and highly profitable venture in the challenging yet rewarding industry of real estate.

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