For the uninformed, 1031 exchanges can be confusing, yet for those who have initiated them, they are an effective strategy to defer the federal and state capital gain and depreciation recapture. Some believe that all that is needed is for someone to hold the exchange funds. Nothing could be farther from the truth. If that is what you are being told you are potentially headed for trouble.Read More
The 1031 Exchange Blog
One of the many questions that people ask a Qualified Intermediary of 1031 tax deferred exchanges is how long the relinquished property needs to be held to qualify for a 1031 exchange? The answer represents one of many ways to develop a fact pattern that supports a 1031 exchange. As you recall, a 1031 exchange allows the taxpayer to defer or postpone the payment of federal and state capital gains and depreciation recapture taxes, when real property held for the production of income for a business or investment is replaced with real property of equal or greater value than the relinquished property's net sales price. What is not eligible for tax deferral treatment is a primary residence, Section 121 transaction, or second home.Read More
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A 1031 exchange is a wealth building strategy known as Internal Revenue Code Section 1.1031. It is used by corporations, individuals, trusts and partnerships both domestic and foreign, for the exchange of real and personal property held in the productive use of a business or for investment. With each 1031 exchange is a timeline requiring strict adherence.
“Junk” bags of U.S. circulated silver coins such as dimes, quarters and half dollars minted before 1965 are eligible as replacement property in a 1031 exchange. These coins are typically traded in $1,000 face value and contain 715 to 770 ounces of silver, representing an inexpensive way to purchase silver per ounce. Fractional bags of 125, 250 and 500 silver dollars, in addition to silver collectibles such as the certified MS63 to MS65 U.S. silver dollars and MS 60 Morgan and Peace silver dollars are acquired to hold for silver content and coin scarcity.
As a general rule, anytime you sell property, the gain you receive as a result of the sale is subject to capital gains taxes. For example, if you purchased a property five years ago for $100,000 and now wish to sell it for $150,000, you would be subject to paying capital gains taxes on the gain of $50,000. One strategy that allows you to defer capital gains is to enter into a 1031 Exchange. Section 1031 of the Internal Revenue Code can provide an effective mechanism for deferring the payment of payment of capital gains taxes if the 1031 exchange guidelines are followed.
Section 1031 is a useful section of the tax code that allows a taxpayer to defer taxable gains on a property by using it as an exchange rather than a simple sale. In order to successfully fulfill a 1031 transaction, you need to follow the specific 1031 exchange requirements. The 1031 exchange rules are very precise and need to be followed exactly in order to get the tax deferred exchange.
In the United States, when you sell an asset for more that what you paid for the asset, the profit is often subject to the payment of capital gains taxes. The rate at which capital gains are taxed fluctuates, but is generally high. As a result, the actual profit realized from the sale of an asset can be significantly reduced. If the transaction qualifies for an Internal Revenue Code Section 1031 Exchange, however, the payment of any required capital gains taxes can be deferred, making a 1031 Exchange an attractive option. There are a number of rules that must be followed in order for a transaction to qualify for a 1031 Exchange deferral, including the use of a 1031 Exchange Qualified Intermediary.
1031 investment property is real or personal property held for the proper intent as defined by Internal Revenue Code § 1.1031. 1031 exchanges allow the owner to indefinitely defer the federal and state capital gains and recaptured depreciation taxes triggered when the property is sold and replaced with like-kind property. Taxes are due when the replacement property is sold or deferred in another 1031 exchange.
1031 exchange rules have been refined since being created by the Department of Treasury ninety years ago. The Internal Revenue Service (IRS) enforces a Treasury Regulation known as Section 1031 that provides all taxpayers with the ability to defer federal and state capital gain and recaptured depreciation taxes when property held for productive use in a business or investment is exchanged for like-kind property held for productive use in a business or investment. Supporting the 1031 code are 1031 exchange rules based on case law, regulations, revenue procedures, revenue rulings, private letter rulings, technical advice memorandum and other guidance from the IRS.
Behind every 1031 exchange is a series of like kind exchange rules that if not applied invites the Internal Revenue Service to invalidate the exchange. As each 1031 exchange has an intent and facts that support the intent to qualify the transaction for a tax deferral, there are rules that must be followed. What follows is not a discussion of what real or personal property qualifies for a 1031 exchange but five common requirements.