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You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
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.
States like Florida, Texas, and Nevada are great options for 1031 exchanges due to their lack of state income tax and strong real estate markets. On the other hand, states like California, New York, and Oregon can be less attractive due to their high state income tax rates and strict real estate laws.
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.
Investors cannot complete a 1031 exchange into a REIT since they are not technically like-kind assets. There is a way to obtain similar tax deferment results, which we will review later in this article. There are various kinds of REITs, and the different REITs invest in specific asset types.
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.
A Cooperation Clause is an optional provision included in real estate contracts outlining the agreement of all parties to cooperate with the requirements of a 1031 exchange. Essentially, it obligates the buyer and seller to perform actions needed to comply with Section 1031 of the IRS's tax code.
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.