Clovis California Tax Free Exchange Package

State:
California
City:
Clovis
Control #:
CA-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

IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange.

Why Would Someone Want to do a 1031 Exchange? Investors really like a 1031 exchange because they avoid paying taxes. The more taxes investors pay Uncle Sam, the less cash they have to reinvest.

The Regulations allow identifying multiple properties. A Taxpayer may identify as many as 3 alternate properties of any value. If more than 3 properties are identified, the value of the 3 cannot exceed 200% of the value of the Relinquished Property unless 95% of the properties identified are acquired.

A 1031 exchange is a tax break. You can sell a property held for business or investment purposes and swap it for a new one that you purchase for the same purpose, allowing you to defer capital gains tax on the sale.

Investors will never have to pay the California taxes due under the California Claw-Back Provisions as long as they continue to 1031 Exchange from property to property throughout their lifetime.

Defining a 1031 Exchange The term originated from the US Internal Revenue Code's Section 31. It essentially permits you to postpone the payment of the income tax upon selling one investment property. You can then reinvest the sales proceeds you received from selling your California home.

California recognizes 1031 Exchanges which allows an investor to defer capital gains taxes as long as you are purchasing another ?like-kind? property to replace the one you are selling. California does recognize it if you purchase your upleg in another state, but beware of the above ?Clawback? rule.

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

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 only minimum required hold period in section 1031 is a ?related party? exchange where the required hold is a minimum of two years.

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Clovis California Tax Free Exchange Package