Simi Valley California Tax Free Exchange Package

State:
California
City:
Simi Valley
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

Getting Started With a Section 1031 Transaction It's also important that you don't attempt to use any personal property in this exchange. Keep in mind that you will have 45 days to find a property and 180 days to complete the exchange. Any delay on these time limits could cause you to pay capital gains taxes.

You must report the like-kind exchange on California Like-Kind Exchanges (FTB 3840) if both of the following occur: An exchange of one or more California real properties for one or more real properties located outside of California. Any portion of the California sourced realized gain or loss is not recognized.

Because Section 1031 is a federal tax code, it is technically recognized in all states.

When President Joe Biden presented his administration's proposed budget for fiscal year 2023, he again included a new tax rule that would essentially eliminate 1031 exchanges, or like-kind exchanges, which are widely used to lower taxes for those buying and selling commercial real estate.

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.

There are still many factors that are being put into the Build Back Better plan by the Biden Administration. One of the proposed changes by the Democrats with the 1031 exchange revision. As of the writing of this article, (1-4-2022) there has been no change to the 1031 exchange rules in 2022.

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.

When President Joe Biden presented his administration's proposed budget for fiscal year 2023, he again included a new tax rule that would essentially eliminate 1031 exchanges, or like-kind exchanges, which are widely used to lower taxes for those buying and selling commercial real estate.

One of the frequent questions we get is: ?can I use my primary residence in a 1031 tax-deferred exchange?? Unfortunately, the IRS' short answer is a definite no. Your home is your home, and a 1031 exchange is used to defer the capital gains taxes due on an investment property.

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Simi Valley California Tax Free Exchange Package