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.
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.
In essence, virtually all real property in the United States that is held for investment or productive use in a trade of business (“1031 qualified use”) is “like-kind” to all other U.S. real property to be held for a 1031 qualified use.
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.
A 1031 exchange is a tax-deferred transaction. If a business owner has property they currently own, they can sell that property, and if they reinvest the proceeds into a replacement property, they can defer any capital gains taxes associated with that sale.
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.
A Qualified Intermediary, or QI, is an independent third party to the transaction whose function is to prepare the documents necessary to create the exchange, as well as to act as the independent escrow agent for the exchange funds.
In a three or four party exchange, including the Taxpayer, Buyer of the old property and Seller of the replacement property, then yes, a Qualified Intermediary is required.
Here are examples of properties ineligible for a 1031 exchange: Primary residences: A 1031 exchange is specifically intended for investment or business properties. Personal properties are not eligible. Vacation homes: Vacation homes generally do not qualify if used for personal reasons.
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.