Real Estate Tax Attorney

I had recently heard of two home owners who “exchanged” homes, in part to save on the processes of sellling and buying a home, but also because there were beneficial tax savings involved.  With a bit of research, I found this information, which explains the 1031 Exchange process and procedure.  If you have questions about your real estate transactions, and want to know how to defer, or save, on a variety of taxes surrounding your real estate investment, consult with a real estate tax attorney for the detailed information you are seeking.

1031 Exchanges refers to a type of real estate transaction which allows investors to “exchange” like-kind properties while deferring depreciation recapture and capital gains taxes. In order to use this technique real estate investors are required to reinvest 100-percent of the equity into property of equal or greater value.

In order for 1031 Exchanges to be recognized by the Internal Revenue Service, property owners must retain the services of a Qualified Intermediary (QI). QIs handle every aspect of 1031 exchanges including money transfers and legal documentation.

When hiring a Qualified Intermediary, it is crucial to engage in due diligence and make certain the organization or individual possesses necessary skills and experience. One mathematical error could lead to immense penalties and fees imposed by the IRS.

Another crucial stipulation of 1031 Exchanges involves imposed time requirements. The first time requirement is referred to as the “Identification Period” and stipulates investors must identify their replacement property within 45 calendar days.

The second time requirement is referred to as the “Exchange Period.” The exchange period commences on the date the relinquished property is transferred to the new owner and expires within 180 calendar days.

Additionally, 1031 exchanges require exchanged properties to be held only for investment purposes. However, this requirement is broadly defined and allows investors to exchange different types of property. For example, investors could exchange land for a commercial warehouse or an apartment complex for a retail shopping center.

Once replacement property is identified and exchanged, it must be titled under the same name as the relinquished property. For example, if relinquished property was titled as John Doe Real Estate Investments, the replacement property must be titled the same. It could not be titled as John Doe or JD Properties.

In addition to real estate, other types of property can be exchanged under 1031 Tax Deferred Exchanges. One of the most common types of property includes equipment used in the investor’s business or trade.

1031 Exchanges require investment property to be exchanged for like-kind property. Real estate must be exchanged for real estate and equipment exchanged for equipment. Investors cannot trade real estate for equipment or vice versa.

Personal residences or vacation homes cannot be traded using 1031 Exchanges unless the property is investment real estate and rent is charged. Additionally, 1031 exchanges cannot be used to exchange a partnership interest, stocks, bonds, or inventory.

Investors are not allowed to access equity monies acquired from the sale of relinquished property. Instead the Qualified Intermediary holds all proceeds in a separate account. Once the exchange is completed, the QI prepares documentation linking exchange properties together.

Using 1031 Exchanges, capital gains taxation and depreciation recapture are deferred as long as exchange monies are used to invest in like-kind properties. This tax deferment is similar to receiving an interest-free loan on the taxes that would have been owed for a typical real estate or equipment sale.

Author: Simon Volkov

Article Source: http://EzineArticles.com/?expert=Simon_Volkov

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