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You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
A 1031 exchange gets its name from Section 1031 of the U.S. Internal Revenue Code, which allows you to avoid paying capital gains taxes when you sell an investment property and reinvest the proceeds from the sale within certain time limits in a property or properties of like-kind and equal or greater value.
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 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.
It allows taxpayers to defer paying income taxes on the sale of property if the proceeds are reinvested in a similar kind of property.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.
As such, the process is uniformly recognized across all 50 states and DC. Through a state-to-state 1031 exchange, you could sell (relinquish) a property in one state, acquire (replace) a property in another, and reap the potential tax deferral benefits of a 1031 exchange.
In an IRC §1031 transaction, you can exchange real property for virtually any other real property in the United States, as long as the property is held for productive use in a trade or business or for investment purposes.
Pennsylvania Does Not Recognize 1031 Tax Deferrals Yes, that's right – Pennsylvania has long been the sole hold-out among all our states to not recognize 1031 tax deferral benefits. When a business property is sold in Pennsylvania, a tax is generally owed.