What is a 1031 exchange?
A 1031 exchange is very straightforward. If a business owner has property they currently own, they can sell that property, and if they reinvest the proceeds into a replacement property, there’s no immediate tax consequence to that particular transaction. They can defer any capital gains taxes associated with that sale.
This formerly applied to other types of business assets, but changes to the tax code have limited its application to real estate assets. However, there are other limits regarding what types of real estate qualify and the required timeframe of the transaction.
What types of properties qualify?
To qualify as a 1031, both properties involved in the exchange must be “like-kind,” meaning they must be of the same nature, character, or class as defined by the IRS.
A few key points to know:
Most real estate properties are classified as like-kind.
A property within the U.S. may only be exchanged with other real estate within the U.S.
A property outside the U.S. may only be exchanged with other real estate outside the U.S.
We will make sure TITLE is aware that the Seller is a 1031 Exchange.