In New York, property types eligible for a 1031 exchange must be like-kind, which generally means both the relinquished and replacement properties should be used for business or investment purposes. Both properties must be within the United States.
A 1031 Exchange allows for the deferral of capital gains tax by replacing property with one of like-kind and equal or greater value. This exchange operates within a strict timeline, requiring identification of potential replacement properties within 45 days and completion of the exchange within 180 days.
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.
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.
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.
After completing a 1031 exchange, you must report the transaction to the IRS using Form 8824 to maintain the transaction's tax-deferred status.