Eugene Oregon Tax Free Exchange Package

State:
Oregon
City:
Eugene
Control #:
OR-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

Taxable Exchanges - A taxable exchange is one on the which the gain is taxable, or the loss is deductible. If you receive property in exchange for other property in a taxable exchange, the basis of property you received is usually its FMV at the time of exchange.

1031 Exchange Rules Oregon. Property owners who wish to defer capital gains taxes on the sale of property may be able to do so by entering into a Section 1031 Exchange agreement instead of completing a traditional sale under the rules of the Internal Revenue Service.

Better appreciation, maximized depreciation, increased cash-flow, investment diversification and tax deferral are all important drivers for utilizing a 1031 Exchange. Through a 1031 Exchange, this real estate investor can sell the investment property and accomplish a number of tax and investment goals.

Another reason someone would not want to do a 1031 exchange is if they have a loss, since there will be no capital gains to pay taxes on. Or if someone is in the 10% or 12% ordinary income tax bracket, they would not need to do a 1031 exchange because, in that case, they will be taxed at 0% on capital gains.

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.

Example of a Tax-Free Exchange A taxpayer exchanges a medical office building worth $2 million and with an adjusted basis of $1.8 million for a similar building worth $2.1 million. The taxpayer pays the other party $100,000 in addition to the property given up.

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.

You Are Taxed on 'Boot' You can do a 1031 exchange for a property that is worth less than the property that you are selling, but then you have to pay capital gains taxes and accumulated depreciation recaptures on the 'boot.

Yes, the deferred sales trust can be an ideal 1031 exchange alternative. If you cannot complete your 1031 exchange, then your qualified intermediary may be able to transfer the funds from your property sale to the deferred sales trust.

Tax-free exchanges refer to those instances enumerated in Section 40(C)(2) of the National Internal Revenue Code (NIRC) of 1997 that are not subject to Income Tax, Capital Gains Tax, Documentary Stamp Tax and/or Value-added Tax, as the case may be.

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Eugene Oregon Tax Free Exchange Package