If you are investor and looking to sell a property held either for investment or business then a 1031 exchange should be taken into account. Investors in real estate are allowed the by the 1031 section in internal revenue to put off capital accruals and taxes recapturing by putting up the property again for sale in real estate. Investors who know how to use this exchange it enables them to postpone large amounts of taxes so that their wealth is sheltered and a lot of working money is still kept.
A typical sale of property the seller has the duty of paying taxes on the capital profits made and also the loss that was used to put off any taxes on the income that was made from the property. The gains and depreciation made out of the property recapture the taxes and they can go up to about 30% of the realized gains while selling.
In case there is the 1031 exchange, the capital gains and losses burden recaptured taxes can be postponed enabling the investor to build income using appreciation and income on the capital that has been reinvested which would have been lost.
There are rules which should be used for any sale transaction to meet the criteria of deferring tax using the 1031 exchange.
The 1031 rule guides the types of investments in real estate and their use in the exchange, how the proceeds from the given up investments should be used in the exchange the times when the property has to be identified and the closing of the property replacing.
One rule is that the exchanged properties should be like kind.
The value of the given up property and that of the property to be replaced should be equal in value with a slight increase in the replacement property that is only time deferral can be granted in full.
The relinquished property and the replacement property must bear the same titles.
Almost similar is the requirement of both the relinquished and replacement property. The assets set aside for investment purposes can be different real estate types but specifically rental or commercial.
The 1031 exchange rule is not application to vacation home or personal homes this goes to show that not all properties qualify. Defining like-kind means that real estate investments must only be exchanged with investments for real estate.
Another consideration that must be observed in the 1031 exchange to apply is that for the taxes burden to be reduced then all the earnings of equity made from selling the given up property should be re-invested in the replacement of the property. If some of the earnings made from the given up property be it in mortgage or cash and not used in property replacement or in a 1031 shelter is termed as 'boot'.