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1031
Tax Deferred Exchange
The
last great tax shelters
The
1031 Tax Deferred Exchange is one of the last tax shelters
allowed by the Internal Revenue Service. It is a transaction in
which a taxpayer exchanges investment property for like- kind investment
property, and defers the payment of capital gain taxes. The IRS
defines like-kind property as all real property held for investment
purposes, or the productive use in a trade or business. This basicallyincludes
any real estate held for investment except your primary residence
and second family home.
See
Also Types of 1031 Tax Deferred
Exchanges
There
are some important rules which must be followed to effectuate a
valid exchange:
- The exchange
must be opened before the close of
Escrow on the relinquished (sale) property.
- The taxpayer
must identify the replacement (acquired)
property within 45 days after the close of the
relinquished(sale)property.
- The taxpayer
must close Escrow on the replacement
property within 180 days from the close of the
relinquished property, or, before the date the tax
return filing is due for the tax year in which the
relinquished property was transferred - whichever
comes first.
- The taxpayer
must reinvest all net proceeds into the
replacement property.
- The taxpayer
must obtain a debt of equal or greater
amounton the replacement property.
By
following these rules, the taxpayer shelters capital gains tax into
the replacement property,and defers the recapture of depreciation
tax. This creates more buying power for the taxpayer than if the
capital gains tax was paid. Also, by deferring the payment of capital
gains tax, the taxpayer gets to invest the taxes into the replacement
property interest free from the IRS. The 1031 Tax Deferred Exchange
also avoids the California Withholding Tax.
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