Montana Tax Free Exchange Package

State:
Montana
Control #:
MT-P064-PKG
Format:
Word; 
Rich Text
Instant download

Description

The Tax-Free Exchange Package contains essential forms to successfully complete a tax-free exchange of like-kind property.


This package contains the following forms:



(1) Exchange Agreement

(2) Exchange Addendum

(3) Certification Of No Info Reporting On Sale Of Exchange

(4) Like-Kind Exchanges

(5) Sale of Business Property

(6) Personal Planning Information and Document Inventory Worksheets


Detailed Information on each form:


1. Exchange Agreement - This form is used to establish the intent to enter into an exchange agreement and to otherwise qualify the contemplated transactions under the qualified intermediary safe harbor.


2. Exchange Addendum - In this form, the parties amend an existing contract to buy and sell real estate and agree that the Exchanging Party's rights under the contract are assignable prior to closing to structure an exchange of the property under Section 1031. The Cooperating Party agrees to reasonably cooperate in such exchange with the Exchanging Party.


3. Certification Of No Info Reporting On Sale Of Exchange - Complete this form to determine whether the sale or exchange should be reported to the seller, and to the Internal Revenue Service on Form 1099-S, Proceeds From Real Estate Transactions.


4. Like-Kind Exchanges - This form is used to report each exchange of business or investment property for property of a like kind to the Internal Revenue Service.


5. Sale of Business Property - This form is used to report gains, losses and recapture amounts from the sale of business property and involuntary conversions.

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FAQ

You must acquire one or more replacement properties that are equal to or greater in net purchase value than the net sales value of the relinquished property you sold. You must reinvest all of your net cash proceeds from the sale of the relinquished property.

The exchange allows for the deference of any taxable gains on the property that is first sold.The replacement property must be secured, and the exchange finalized no later than 180 days after the sale of the original asset.

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.

The exchange allows for the deference of any taxable gains on the property that is first sold.The replacement property must be secured, and the exchange finalized no later than 180 days after the sale of the original asset.

In real estate, a 1031 exchange is a swap of one investment property for another that allows capital gains taxes to be deferred.An exchange can only be made with like-kind properties and IRS rules limit use with vacation properties.

If you need the cash, you might have to just sell the home, pay the taxes and keep the cash proceeds. But if you don't need the cash and want to sell, you can defer paying all taxes by undertaking a 1031 exchange.If you do that, you buy new properties and defer paying any federal income taxes on the sale.

Trade up in real estate value with one or more replacement properties. Reinvest all of your 1031 exchange proceeds from the relinquished property into the replacement property.

Like-kind exchanges -- when you exchange real property used for business or held as an investment solely for other business or investment property that is the same type or like-kind -- have long been permitted under the Internal Revenue Code.

Following are examples of qualifying properties that could be exchanged: Raw land or farmland for improved real estate. Oil & gas royalties for a ranch. Fee simple interest in real estate for a 30-year leasehold or a Tenant-in-Common interest in real estate.

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Montana Tax Free Exchange Package