Thursday, September 17, 2015

Are 1031 exchanges going away

Our company’s position, my position on it is: we really don’t know. We have no idea what they’re going to do. And you can do many exchanges during your lifetime.


Do it right, and there is no tax. You change the form of your investment without cashing out or paying tax. And like a 401(k), that allows it to continue to grow tax-deferred.

For background reading,. Real estate exchanges are subject to the same rules and regulations as under previous law. The day identification and 1day exchange periods remain unchange as does the role of the Qualified Intermediary. In an article titled “The Republican Blueprint for Tax Reform Poses Threats to Sec.


But how likely is this to happen. The new tax law that went into effect earlier this month preserves the like-kind exchange. Thankfully, that did not happen.


This tax rule lets real estate investors avoid capital gains tax if they invest the funds into another property. Can I Have My Funds Now?

Before we do, let me make a disclosure. After the replacement property has close secure a line of credit on the property. You can then pull out cash without triggering a tax. Example: You stop using your beach house, rent it out for six months or a year and then exchange it for.


This is because investor capital that otherwise would be paid as capital gains tax is rolled over as part of the down payment into a replacement property. This provides greater investment benefits than the sold property. If an investor’s strategy is to always exchange and never cash out - when that investor passes away, their heirs inherit the property with a stepped up basis, and this means the basis is adjusted to the fair market value at the time of death.


When you are doing an exchange it is important to understand that federal tax regulations limit your rights to receive, pledge, borrow, or otherwise obtain the benefits of the money held by the intermediary during the exchange period. Instea it is used for gains exclusion on your primary residence when you decide to sell. Single filers can exclude up to $250of gains on the income from the sale of their primary residence.


Now tax reform took away all the personal property, so now we’re just dealing with real property. Exchange Rule: Like Kind. But you need to hit the right dates.


So the IRS should already know that this is how the property was acquired. Additionally, in Part III of this form, you would have calculated the basis of the new property you received. That was complicated.


Maybe it’s to avoid paying capital gains taxes right away. In your case, if your apartment building is owned by a legal partnership or an LLC, you, Fred and Sue must decide as a group if you’re going. This is sometimes referred to as the qualified purpose requirement.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.

Popular Posts