Here is how it works. First, sell your investment property and acquire a future primary residence, second home or personal vacation property as the Replacement Property in a 1031 Exchange. Second, rent the property for at least 14 days during each of the first two 12 month periods after the exchange.
What is a 1031 exchange in Texas? A 1031 exchange allows property owners to defer federal capital gains taxes by reinvesting proceeds from the sale of an investment property into a similar “like-kind” property.
Steps to a 1031 Exchange Step 1: Contract and Exchange Documents. Step 2: Settlement of Relinquished Property. Step 3: 45-Day ID Period. Step 5: Settlement on Replacement Property. Step 6: Reporting the exchange to the IRS. 1031 HELPFUL LINKS.
Key Steps in the 1031 Exchange Process Determine if a 1031 Exchange is Right for You. Develop a Tax-Deferred Transition Strategy. Inform Your Advisors & Attorney About your 1031 Exchange. Enter into a Contract to Sell Your Existing Investment Property. Select a Qualified Intermediary and Open an Exchange.
What is a Reverse 1031 Exchange? A “Reverse” Exchange occurs when the taxpayer acquires the Replacement Property before transferring the Relinquished Property. A “pure” Reverse Exchange, where the taxpayer owns both the Relinquished and Replacement Properties at the same time, is not permitted.
Capital Gains Tax Deferral: When a taxpayer sells a residential property in India, they have the option to defer the payment of capital gains taxes by entering into an exchange or transfer instead of a traditional sale. This is similar to the concept of a Section 1031 Exchange in the U.S.
A primary residence usually does not qualify for an exchange because it is not used in trade or business or investment. That said, that portion of the primary residence that is used in a trade or business or for investment may qualify for a 1031 Exchange.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
Puerto Rico is a Protectorate of the U.S. but not a “coordinated territory,” therefore real estate in Puerto Rico is not considered “U.S. real estate” for purposes of Section 1031.