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.
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.
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.
This means that you cannot perform a 1031 exchange between a U.S. property and a non-U.S. property. If your relinquished property is located within the United States, then your replacement property must also be located within the United States (or certain U.S. territories) to qualify for 1031 tax deferral.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.