Offer to Make Exchange of Real Property

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US-0060BG
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Description

A 1031 exchange is a swap of one business or investment asset for another. Although most swaps are taxable as sales, if you come within 1031, you’ll either have no tax or limited tax due at the time of the exchange.



In effect, you can change the form of your investment without (as the IRS sees it) cashing out or recognizing a capital gain. That allows your investment to continue to grow tax deferred. There’s no limit on how many times or how frequently you can do a 1031. You can roll over the gain from one piece of investment real estate to another to another and another. Although you may have a profit on each swap, you avoid tax until you actually sell for cash many years later. Then you’ll hopefully pay only one tax, and that at a long-term capital gain rate .

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FAQ

Identify the property you want to sell. Identify the property you want to buy. Choose a qualified intermediary. Step 4: Decide how much of the sale proceeds will go toward the new property. Step 5: Keep an eye on the calendar. Step 6: Be careful about where the money is.

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.

Restrictions on 1031 ExchangesYou can only perform a 1031 exchange between investment properties, but you can't do this with personal property. If you exchange for a cheaper property, you'll have to consider the taxes on the price difference.

It can take 5 days, 45 days, or all 180 days. You must complete your 1031 exchange within 180 days of selling your old property by purchasing one or more of the properties on your list. You cannot buy property as part of the exchange that is not on the 45-day identification list.

Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange. For line-by-line instructions on how to complete form, download the instructions here.

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 real estate, a 1031 exchange is a swap of one investment property for another that allows capital gains taxes to be deferred. The term, which gets its name from IRS code Section 1031, is bandied about by realtors, title companies, investors, and soccer moms.

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.

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.

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Offer to Make Exchange of Real Property