1031 Exchanges

To most people, 1031 Exchange means nothing, but to an astute real esatate investor, it is the key to making your real estate dollars work to their fullest extent. First, let's start off with pointing you to our 1031 exchange page (if you have not come from there) which has links to all of our 1031 exchange resources and information. With that out of the way, let's explore a bit more and find out exactly what a Section 1031 exchange really is.

What is a 1031 Exchange

As we just mentioned, most people on the street have never heard of a 1031 tax exchange let alone, know what one is. In a nutshell a Section 1031 tax deferred exchange is a real estate "exhange" of two or more properties that allows any capital gain realized on the properties have the taxes due on those capital gains to be deferred until a later date (we will get back to this in a minute). So, if you have an apartment building that you paid $100,000 for in 1970 and you decide to sell it in 1980 for $500,000, you would have a gain of approximately $400,000 (provided you have no other capital expenditures you are eligible to write off...but, let's just keep it simple for now). Normally, you would have to pay "capital gain's tax" on that $400,000, but with an IRS 1031 exchange you can defer paying any capital gain's tax "indefinitely". This is a very basic outline of how a real estate exchange works (you can visit our 1031 exchange rules page for the actual 1031 section rules). You should always consult a tax professional when you are doing anything related to taxes and/or real estate. There is a lot of money at stake here.

Section 1031 Exchange

Section 1031 refers to the IRS code, section 1031. This is merely a section of the Internal Revenue Service code, but the name has stuck with real estate exchanges and become synonymous. Today, completing a 1031 tax deferred exchange can be as easy or as complicated as you would like to make it. The IRS provides all United States real estate investors and income property owners the ability to let their equity in income producing real estate grow tax free unitl the day comes when you sell the property (properties) outright or, you die.

IRS 1031 Exchange

Chances are, if you made it to this page, you are wonding what exactly a IRS Section 1031 Exchange is. 1031 refers to Section 1031 of the Internal Revenue Service code which outlines the tax status of like kind real estate exchanges. These like kind exchanges provide a deferral of capital gain's taxes that would otherwise be due upon the sale of a piece of real property. Instead, the owner of the real estate may "trade" or "exchange" that real estate into similar income producing property without paying any capital gain's taxes.

We have put together a 1031 information page to help you with all of your 1031 real estate questions.

1031 Exchange Rules and Requirements

We have reproduced the IRS's rules and requirements for 1031 tax deferred exchanges with regards to real property. If you have any questions regarding the sale of your real property or questions about what qualifies for a 1031 exchange or not, please consult your tax professional.

Sec. 1031. - Exchange of property held for productive use or investment

(a) Nonrecognition of gain or loss from exchanges solely in kind

(1) In general

No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment.

(2) Exception

This subsection shall not apply to any exchange of -

(A)

stock in trade or other property held primarily for sale,

(B)

stocks, bonds, or notes,

(C)

other securities or evidences of indebtedness or interest,

(D)

interests in a partnership,

(E)

certificates of trust or beneficial interests, or

(F)

choses in action.

For purposes of this section, an interest in a partnership which has in effect a valid election under section 761(a) to be excluded from the application of all of subchapter K shall be treated as an interest in each of the assets of such partnership and not as an interest in a partnership.

(3)

Requirement that property be identified and that exchange be completed not more than 180 days after transfer of exchanged property For purposes of this subsection, any property received by the taxpayer shall be treated as property which is not like-kind property if -

(A)

such property is not identified as property to be received in the exchange on or before the day which is 45 days after the date on which the taxpayer transfers the property relinquished in the exchange, or

(B)

such property is received after the earlier of -

(i)

the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange, or

(ii)

the due date (determined with regard to extension) for the transferor's return of the tax imposed by this chapter for the taxable year in which the transfer of the relinquished property occurs.

(b)

Gain from exchanges not solely in kind

If an exchange would be within the provisions of subsection (a), of section 1035(a), of section 1036(a), or of section 1037(a), if it were not for the fact that the property received in exchange consists not only of property permitted by such provisions to be received without the recognition of gain, but also of other property or money, then the gain, if any, to the recipient shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property.

(c) Loss from exchanges not solely in kind

If an exchange would be within the provisions of subsection (a), of section 1035(a), of section 1036(a), or of section 1037(a), if it were not for the fact that the property received in exchange consists not only of property permitted by such provisions to be received without the recognition of gain or loss, but also of other property or money, then no loss from the exchange shall be recognized.

(d) Basis

If property was acquired on an exchange described in this section, section 1035(a), section 1036(a), or section 1037(a), then the basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange. If the property so acquired consisted in part of the type of property permitted by this section, section 1035(a), section 1036(a), or section 1037(a), to be received without the recognition of gain or loss, and in part of other property, the basis provided in this subsection shall be allocated between the properties (other than money) received, and for the purpose of the allocation there shall be assigned to such other property an amount equivalent to its fair market value at the date of the exchange. For purposes of this section, section 1035(a), and section 1036(a), where as part of the consideration to the taxpayer another party to the exchange assumed (as determined under section 357(d)) a liability of the taxpayer, such assumption shall be considered as money received by the taxpayer on the exchange.

(e)

Exchanges of livestock of different sexes

For purposes of this section, livestock of different sexes are not property of a like kind.

(f)

Special rules for exchanges between related persons

(1)

In general

If -

(A)

a taxpayer exchanges property with a related person,

(B)

there is nonrecognition of gain or loss to the taxpayer under this section with respect to the exchange of such property (determined without regard to this subsection), and

(C)

before the date 2 years after the date of the last transfer which was part of such exchange -

(i)

the related person disposes of such property, or

(ii)

the taxpayer disposes of the property received in the exchange from the related person which was of like kind to the property transferred by the taxpayer, there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such exchange; except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the disposition referred to in subparagraph (C) occurs.

(2)

Certain dispositions not taken into account

For purposes of paragraph (1)(C), there shall not be taken into account any disposition -

(A)

after the earlier of the death of the taxpayer or the death of the related person,

(B)

in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or

(C)

with respect to which it is established to the satisfaction of the Secretary that neither the exchange nor such disposition had as one of its principal purposes the avoidance of Federal income tax.

(3)

Related person

For purposes of this subsection, the term ''related person'' means any person bearing a relationship to the taxpayer described in section 267(b) or 707(b)(1).

(4)

Treatment of certain transactions

This section shall not apply to any exchange which is part of a transaction (or series of transactions) structured to avoid the purposes of this subsection.

(g)

Special rule where substantial diminution of risk

(1)

In general

If paragraph (2) applies to any property for any period, the running of the period set forth in subsection (f)(1)(C) with respect to such property shall be suspended during such period.

(2)

Property to which subsection applies

This paragraph shall apply to any property for any period during which the holder's risk of loss with respect to the property is substantially diminished by -

(A)

the holding of a put with respect to such property,

(B)

the holding by another person of a right to acquire such property, or

(C)

a short sale or any other transaction.

(h)

Special rules for foreign real and personal property

For purposes of this section -

(1) Real property

Real property located in the United States and real property located outside the United States are not property of a like kind.

(2) Personal property

(A)

In general

Personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind.

(B)

Predominant use

Except as provided in subparagraph [1] (C) and (D), the predominant use of any property shall be determined based on - ''subparagraphs''.

(i)

in the case of the property relinquished in the exchange, the 2-year period ending on the date of such relinquishment, and

(ii)

in the case of the property acquired in the exchange, the 2-year period beginning on the date of such acquisition.

(C)

Property held for less than 2 years

Except in the case of an exchange which is part of a transaction (or series of transactions) structured to avoid the purposes of this subsection -

(i)

only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and

(ii)

only the periods the property was held by the person acquiring the property (or any related person) shall be taken into account under subparagraph (B)(ii).

(D)

Special rule for certain property

Property described in any subparagraph of section 168(g)(4) shall be treated as used predominantly in the United States

All information found on this web site is obtained from sources we believe are reliable but not guaranteed. Contact listing broker for details and to determine accuracy of this posted information. SanDiegoIncomeProperty.com is not responsible for errors or verification of the above information