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.
1031 Exchange UK Equivalent Although the 1031 Exchange is a US-specific tax deferral strategy, the UK offers similar tax relief through Business Asset Rollover Relief.
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.
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.
An Exchange Accommodation Titleholder (EAT) is used to complete a reverse exchange or improvement exchange. In a reverse exchange, the EAT holds legal title to either the relinquished or replacement property until the relinquished property can be conveyed to a buyer.
While the IRS doesn't set a strict holding period for a 1031 exchange, many tax experts or legal advisors recommend holding the property for at least one year, with two years being the solid, safer length of time. This timeframe aligns with the tax treatment of capital gains and helps establish a clearer intent.
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.
While foreign property is not of a like kind with domestic property, foreign properties are considered like-kind with one another. You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.