Florida Tax Free Exchange Package

State:
Florida
Control #:
FL-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

Normally the IRS does not allow you to conduct a 1031 exchange with your primary residence. That's because the home that you live in isn't being used as an investment property or being held for business purposes. Instead, your primary residence is used to provide shelter for your family.

Decide to sell and do a 1031 exchange. List the property for sale. Begin looking for replacement properties. Find a qualified intermediary. Negotiate and accept an offer. Close on the sale of the relinquished property. Identify up to three properties within 45 days.

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.

The property must be held for investment though, not resale or personal use.To receive the full benefit of a 1031 exchange, your replacement property should be of equal or greater value. You must identify a replacement property for the assets sold within 45 days and then conclude the exchange within 180 days.

In order to use a 1031 exchange to defer all of your capital gains tax, you must reinvest 100% of the cash you receive from the sale of your relinquished property. This means that the cost of your replacement property must be equal to or greater than the net sales price of the property you sold.

A Deed, Bill of Sale, Invoice and or license are required to solidify the transfer of the exchanged properties. A Settlement Statement is required to illustrate the correct amount of funds coming into the exchange as well as proof the funds are appropriately being utilized to acquire the Replacement Property.

The short answer. The direct cost to you in a 1031 exchange typically comes in the form of a fee paid to your QI. QI fees vary, but most reports indicate that a typical deferred 1031 exchange costs between $600 and $1,200.

In order to use a 1031 exchange to defer all of your capital gains tax, you must reinvest 100% of the cash you receive from the sale of your relinquished property. This means that the cost of your replacement property must be equal to or greater than the net sales price of the property you sold.

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Florida Tax Free Exchange Package