An IRC Section 1031 Exchange (“Exchange”) is a tax benefit that allows investors to defer the capital gains tax normally due on the sale of investment real estate or real estate held for productive use in a trade or business (sometimes as much as a 35% combined rate – state and federal).
A 1031 exchange agreement is a tax deferral strategy that allows individuals or businesses to sell an investment property and reinvest the proceeds into a like-kind property, without incurring immediate capital gains taxes.
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.
A 1031 exchange allows investors to defer capital gains tax on the sale of one investment property by reinvesting the proceeds into another like-kind property. The like-kind exchange must involve real estate properties, not personal property (except in specific cases, such as real estate businesses).
Navigating the 1031 Exchange Process in Florida Step 1: Plan and Consult. Before selling your property, assess your investment objectives. Step 2: Sale of Relinquished Property. Step 3: Identify Replacement Property. Step 4: Buy the Replacement Property. Step 5: Reporting and Compliance.
Virtually any property that will be held for business or investment purposes is suitable replacement property for a 1031 exchange. If you're looking for property in proximity to where you live, we'd typically recommend you work with your local real estate professional.
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.
The Use of a Qualified Intermediary is Required That requirement eliminates the ability of an investor to complete a 1031 exchange without assistance. The qualified intermediary cannot be the investor and cannot work for, be related to, married to, or an agent of the investor.