The 1031 exchange is normally used by an individual who wants to sell one of their investment properties but does not wish to pay taxes on the transaction. In order to get around this, the 1031 real estate exchange will allow the seller to defer the taxes if they purchase another property that costs as much as the one that they are selling. Keep in mind that there are strict regulations and laws concerning this, and be warned that if you happen to write a blog about the rules or even the deadline, then the information must be exactly correct or it will immediately invalidate the 1031.

If you own an investment property or a business, then you may be able to benefit from this trade and possibly save quite a bit of money, simply by exchanging assets rather than selling them. A “like kind” exchange under the IRS 1031 Exchange applies to personal property and real estate and may save you both state and federal taxes, anywhere from approximately 15 to 36% per dollar gained, depending upon your individual state’s tax rate.

To facilitate your 1031 exchange and to satisfy the requirements of the Internal Revenue Service you will need to use a Qualified Intermediary (QI), as this also helps to ensure that all of the rules for the exchange have been met and that it will be approved. Their role is on behalf of the taxpayer by buying and selling the assets, as well as holding the funds for them.

Once your property has been sold, you will have 45 days to declare the potential replacement business or property that is the 1031 like kind exchange of the property that has been sold. Fortunately, all real estate is considered “like kind” so you can trade an office building for land, etc. Once approved, you must acquire your like kind property within 180 days from the date you sold your old property. In order to defer 100% of the taxes from the sale you have to meet two requirements with the new property; first you have to buy a property that is of equal or greater value than your old property. Then you must use 100% of the net proceeds from the old property to obtain the new property.

Finally, the person who sells the property must be the same person who buys the new property, For instance, if you sell real estate that is titled to a corporation or partnership, then the land that you buy must be titled to the same corporation or partnership. Likewise, in order for the 1031 exchange to be approved, if the land you sell was titled to you individually, then the land you purchase must be titled to you as well. Following the proper rules will help to ensure that the IRS will approve the exchange.

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