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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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A Practice Note discussing Section 1031 like-kind exchanges of real estate, which is an important tax planning tool that allows real property owners to defer gains on the sale of real estate by investing the proceeds into replacement property.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States. For example, an investment property in the Cayman Islands can be exchanged for rental property in the Cayman Islands or for investment property in New Zealand.
How to Do a 1031 Exchange Choose a qualified intermediary to coordinate the exchange. Sell your current real estate property. You have 45 days to identify potential replacement properties. You have 180 days to close on a replacement property. File IRS Form 8824.
In summary, 1031 exchanges in foreign countries can only be used if all properties involved (the relinquished property and the replacement property) are outside of the United States and its territories, and they should only be done in countries with no capital gains taxes.
This means that you cannot perform a 1031 exchange between a U.S. property and a non-U.S. property. If your relinquished property is located within the United States, then your replacement property must also be located within the United States (or certain U.S. territories) to qualify for 1031 tax deferral.
Lack of Liquidity- Exchanging properties continually can tie up funds in real estate, making it hard for an investor to access liquid capital if required. While real estate can be a profitable investment, it's not as liquid as some other assets.
Section 1031(f) provides that if a Taxpayer exchanges with a related party then the party who acquired the property in the exchange must hold it for 2 years or the exchange will be disallowed.