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1031 Tax Deferred Property Exchange is an exchange in which
capital gains tax deferral is available to real estate owners
who sell their investment, rental, business or vacation real
estate, and reinvest the net proceeds in other real estate.
Real estate held for these purposes are called Like-Kind/1031
Properties.
Also
referred to as Starker Exchange, property owners may sell
Like-Kind Properties and defer taxes on the sale's profits
by meeting the requirements of Internal Revenue Code (IRC)
1031 Exchange. The purpose of the 1031 Exchange is to allow
sellers of Like-Kind Property to buy replacement property
of Like-Kind within a specific time period and defer taxes.
Sellers
have a maximum of 180 calendar days from the closing of the
initial sale to complete the exchange. Within the first 45
days of this period a seller must designate candidate properties
and propertly identify them to the IRS. A seller may target
up to three (3) properties regardless of value or a group
of properties with a combined value that does not exceed 200%
of the value of the initial property sale. The funds in a
trust account can be used as ernest money for designated property
once all IRS requirements for a 1031 transaction are met.
If
no new properties are identified in the first 45 days or no
designated transaction is completed during the full 180 day
period, the trust will be liquidated and the sale proceeds
will be taxed at the prevailing capital gains rate.
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