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.
Steps to Complete a Maryland 1031 Exchange CONSULT. Speak with your tax and financial advisors before selling your property to make sure a 1031 exchange is right for you. FIND A QUALIFIED INTERMEDIARY (QI) ... CHOOSE REPLACEMENT PROPERTY. DEBT OR NO DEBT? ... PROCESSING & PAYMENT. RECEIVE DISTRIBUTION.
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.
While the IRS doesn't set a strict holding period for a 1031 exchange, many tax experts or legal advisors recommend holding the property for at least one year, with two years being the solid, safer length of time. This timeframe aligns with the tax treatment of capital gains and helps establish a clearer intent.
To qualify for a 1031 Exchange, Relinquished and Replacement Properties must be qualified as “like-kind,” and the transaction must be structured properly. “Like-kind” properties must be real property held for productive use in the investor's trade or business or for investment.
The Qualified Intermediary (QI) Program administers agreements between foreign entities, or foreign branches of certain U.S. entities, and the IRS regarding tax withholding and reporting requirements for certain U.S. source income.