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 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).
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.
Final answer: TREC promulgated forms are mandatory and created by TREC for standardized real estate transactions, while TREC approved forms meet TREC criteria but are optional and not regulated by TREC.
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.
Promulgated contract forms are forms that are both approved and required by the Texas Real Estate Commission.
Property acquired during the marriage (outside of the noted exceptions) is considered community property. The spouses can, however, agree to convert (or “transmute”) community property into separate property. In Texas, this is done via a written agreement establishing a partition or exchange between the parties.