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New York's 1031 exchange rules and regulations The rules for New York 1031 exchanges are similar to 1031 exchange rules in the rest of the U.S., with one notable exception that applies to investors who aren't residents of New York when they execute their exchange.
A 1031 exchange allows you to sell one investment or business property and buy another without incurring capital gains taxes as long as the exchange is completed according to IRS rules and the new property is of the same nature or character (like kind).
The motivation to use a 1031 exchange can be substantial. This is because investor capital that otherwise would be paid as capital gains tax is rolled over as part of the down payment into a replacement property. This provides greater investment benefits than the sold property.
The main requirements for a 1031 exchange are: (1) must purchase another like-kind investment property; (2) replacement property must be of equal or greater value; (3) must invest all of the proceeds from the sale (cannot receive any boot); (4) must be the same title holder and taxpayer; (5) must identify new
New York's 1031 exchange rules and regulations The rules for New York 1031 exchanges are similar to 1031 exchange rules in the rest of the U.S., with one notable exception that applies to investors who aren't residents of New York when they execute their exchange.
There are also states that have withholding requirements if the seller of a piece of property in these states is a non-resident of any of the following states: California, Colorado, Hawaii, Georgia, Maryland, New Jersey, Mississippi, New York, North Carolina, Oregon, West Virginia, Maine, South Carolina, Rhode Island,
A 1031 Exchange, also known as a Section 1031 Exchange or a Like-Kind Exchange, is a portion of the US tax code that enables real estate investors to defer or postpone paying capital gain taxes following the sale of a business or investment property provided the proceeds are reinvested in a similar property under a
How to Avoid Boot in a 1031 ExchangeTrade 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.Maintain or increase the amount of debt on the replacement property.More items...?
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.