The Internal Revenue Service code 1031 exchange, also known as a like-kind exchange, is a tax-deferred transaction that allows real estate investors to sell one property and reinvest the proceeds in another property of equal or greater value without paying capital gains taxes on the sale. This exchange encourages real estate investment and stimulates the economy by allowing investors to defer taxes and reinvest in new properties.
To qualify for a 1031 exchange, the properties involved must be considered “like-kind,” meaning they are similar in nature and use. For example, an investment property can be exchanged for another investment property but not for a primary residence. Additionally, the investor must follow strict guidelines and timeframes for identifying and acquiring the replacement property.
There are several benefits to utilizing a 1031 exchange, including the ability to defer taxes, increase cash flow and equity, and diversify a real estate portfolio. However, it is important to consult with a qualified tax professional and real estate attorney to ensure compliance with all IRS regulations and maximize the benefits of the exchange.
If you are considering using the 1031 exchange tax mitigation strategy, it is crucial that you seek out a Qualified Intermediary (QI) in advance. There are guidelines and procedures that must be in place prior to the sale finalizing. There is also a strict set of dates prescribed by the Internal Revenue Service that require adherence.
Types of Exchanges
- Delayed Exchange (by far the most common)
- Improvement Exchange
- Reverse Exchange
At SREI Group, we can work with the client’s QI to effect the purchase, however, we don’t endorse any. Please know that the Qualified Intermediary industry is not regulated; there have been failures where the investor’s money is lost. The list below is a few of the largest firms for your consideration. It is recommended you do your own research. Each of these companies has a very extensive collection of website articles and checklists.
- Asset Preservation, Inc., a subsidiary of Stewart Title Company. www.apiexchange.com
- Investment Property Exchange Services, Inc., IPX1031 is backed by Fidelity National Financial. www.ipx1031.com
- Exeter 1031 Exchange Services, LLC. www.exeterco.com
You will also find a wealth of information about the Qualified Intermediary industry at the Federation of Exchange Accommodators. www.1031.org
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