Saturday, September 03, 2005

~1031 Exchange: A Rapid Overview

As many of you who visit my BLOG might already know, Section 1031 of the Internal Revenue Code provides that no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business, or for investment.So, a tax-deferred exchange is a method by which a property owner trades one or more relinquished properties for one or more replacement properties of "like-kind", while deferring the payment of federal income taxes and some state taxes on the transaction.

What's the Theory Behind This?

The theory behind Section 1031 is that when a property owner has reinvested the sale proceeds into another property, the economic gain has not been realized in a way that generates funds to pay any tax. In other words, the taxpayer's investment is still the same, only the form has changed (e.g. vacant land exchanged for apartment building). Therefore, it would be unfair to force the taxpayer to pay tax on a "paper" gain.

Remember:The like-kind exchange under Section 1031 is tax-deferred, not tax-free.

When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax.If you want to find amazing 1031 Exchange properties in the Greater Asheville, North Carolina area...contact me at this address:1031@janeAnne.com

Check out my resources page for lots of more in-depth materials on the 1031 like-kind exchange:www.janeAnne.com

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