Wednesday February 15, 2017
 

1031 Exchange Requirements

What are the requirements for a valid 1031 exchange?

  1. Like Kind - Replacement property acquired in an exchange must be "like-kind" to the property being relinquished. All qualifying real property located in the United States is like-kind.

    Personal property that is relinquished must be either like-kind or like-class to the personal property which is acquired. Property located outside the United States is not like-kind to property located in the United States.
  2. Qualifying Property - Certain types of property are specifically excluded from Section 1031 treatment: property held primarily for sale; inventories; stocks, bonds or notes; other securities or evidences of indebtedness; interests in a partnership; certificates of trusts or beneficial interest; and choses in action.

    In general, if property is not specifically excluded, it can qualify for tax-deferred treatment.
  3. Exchange Requirement - The relinquished property must be exchanged for other property, rather than sold for cash and using the proceeds to buy the replacement property. Most deferred exchanges are facilitated by Qualified Intermediaries, who assist the taxpayer in meeting the requirements of Section 1031.
  4. Proper Purpose - Both the relinquished property and replacement property must be held for productive use in a trade or business or for investment. Property acquired for immediate resale will not qualify. The taxpayer's personal residence will not qualify.
What are the general guidelines to follow in order for a taxpayer to defer all the taxable gain?
  1. The value of the replacement property must be equal to or greater than the value of the relinquished property.
  2. The equity in the replacement property must be equal to or greater than the equity in the relinquished property.
  3. The debt on the replacement property must be equal to or greater than the debt on the relinquished property.
  4. All of the net proceeds from the sale of the relinquished property must be used to acquire the replacement property.

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