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Section 1031 Tax Deferred Exchange

What is a 1031 Tax Deferred Exchange?

  • A 1031 Exchange allows you to defer the capital gains when you sell your investment property.

  • It is based on Section 1031 of the IRS code.

  • IRS Explanation

What are the requirements for a 1031 Exchange.

  • You must open a Exchange Account before escrow is closed on the property you are selling

  • You can not have actual receipt of any funds from the sale

  • You must identify the new property within 45 days, and close escrow on it within 180 days from the day that escrow closed.

  • You must Reinvest all Proceeds from the sale.

  • You must have the same or greater debt on the new property.

What is an Exchange Account?

  • An Exchange Account is opened with a Qualified Intermediary, and is where the money from the sale is put between the sale and purchase.

  • What is a Qualified Intermediary?

  • A Qualified Intermediary is the company that handles the paperwork and money during a 1031 Exchange.

How do I calculate my Capital gains and taxes?

There is a good calculator on Asset Preservation's website.

Do all Realtors know about 1031 Exchanges?

  • No, Most have heard about them, but there are few that really understand them.

  • I am well versed in the aspects of Exchanges, and know about more advanced exchange techniques.

  • I attend a weekly meeting of Investors and Realtors with the purpose of discussing Exchanges.

  • I am a Member of the National Council of Exchangers, and go to their training and marketing sessions.

See Qualified Intermediary ratings on the Bulletin Board

 

Speak with your accountant about the advantages of doing an exchange for you.


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Last modified: 01/18/08

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