2 Year Rule: Related Party Transactions If you exchange property with a related party, both parties must hold their respective properties for at least two years following the exchange.
Do You Need a Qualified Intermediary in a 1031 Exchange? A Qualified Intermediary is typically required to complete a 1031 exchange. To maintain the exchange's tax-deferred status, the IRS requires that the taxpayer not have direct access to the proceeds from the sale of the relinquished property.
Overview of 1031 Exchanges in Minnesota A 1031 exchange, named after Section 1031 of the Internal Revenue Code, permits real estate investors to defer capital gains taxes by reinvesting the proceeds from the sale of a property into other like-kind property.
Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange. For line-by-line instructions on how to complete form, download the instructions here.
While standard “must-have” documents come in tandem with a successful 1031 exchange, each state has its own requirements based on its own tax rules and regulations. For example, California requires an FTB Form 593-C, which outlines the date involving the sale or transfer of California real property.
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.
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.
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.
Exchanger is the taxpayer or owner of the property or properties being exchanged during a tax deferred exchange (aka 1031 exchange or like-kind 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.