Clawback and Withholding Requirements in a 1031 Exchange

Posted by Andy Gustafson on Mon, Sep 16, 2013

In a conventional sale of real property, the seller realizes a gain upon the sale of the property – at least that is the objective. That realized gain is then subject to the payment of capital gains tax at the federal, and in some cases the state, level. To avoid the payment of capital gains tax, taxpayers often structure a transaction as an exchange instead of a traditional sale.

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Tags: withholding tax, clawback

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