Use 1031 Exchange Rules to Avoid Taxes

Written by admin on May 23rd, 2011

Also called a Starker Exchange Trust, a 1031 exchange is generally used by someone who wants to sell an investment property that they own, yet do not want to pay any taxes. A 1031 will allow the seller of the investment property to defer the taxes as long as they purchase another property which costs the same, or more, than the property they are selling. There are some very strict regulations for using this exchange. If you happen to write about the rules or the deadlines in a blog, then be sure everything is on the up and up or it will invalidate the 1031.

If you own an investment property or a business, then you may be able to benefit from this trade and possibly save quite a bit of money, simply by exchanging assets rather than selling them. A “like kind” exchange under the IRS 1031 Exchange applies to personal property and real estate and may save you both state and federal taxes, anywhere from approximately 15 to 36% per dollar gained, depending upon your individual state’s tax rate.

In order to satisfy the Internal Revenue Service’s requirement of a valid 1031 exchange, you must use a QI (Qualified Intermediary) in order to complete your exchange. Of course this does work to your advantage, as using a QI ensures that the exchange will meet all of the 1031 exchange rules and be approved by the Internal Revenue Service. The Qualified Intermediary works on behalf of the taxpayer by doing the buying and selling of assets and holding funds for them.

Once your property has been sold, you will have 45 days to declare the potential replacement business or property that is the 1031 like kind exchange of the property that has been sold. Fortunately, all real estate is considered “like kind” so you can trade an office building for land, etc. Once approved, you must acquire your like kind property within 180 days from the date you sold your old property. In order to defer 100% of the taxes from the sale you have to meet two requirements with the new property; first you have to buy a property that is of equal or greater value than your old property. Then you must use 100% of the net proceeds from the old property to obtain the new property.

The last step towards ensuring that the 1031 exchange is approved is to be sure that the new property is titled in the same name as the old property. In other words, if the old property was titled to a corporation or individual, then the new property must be titled in the same corporation or individual’s name.

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