Ads
related to: qualified like kind property 1031
Search results
Results From The WOW.Com Content Network
Here are important requirements for a 1031 exchange: Like-kind requirement: The replacement property must be of like-kind to the relinquished property. This means it must be similar in nature or ...
1031(e) stipulates that livestock of different sexes do not qualify for like kind exchange. 1031(h)(1) stipulates that real property outside the United States and real property located in the United States are not of like kind. The sale of the relinquished property and the acquisition of the replacement property do not have to be simultaneous.
One critical issue in a like-kind exchange is defining "property of like kind." The tax code contains no such definition. Treasury Regulation § 1.1031(a)-1(b) offers a little guidance, suggesting that the term "like kind" refers to "the nature of character of the property and not to its grade or quality". But the regulation does not further ...
The role of a QI is defined in Treas. Reg. §1.1031(k)-1(g)(4). Under IRC Section 1031 an owner of business or investment property may exchange that property for other like-kind property within a statutorily mandated period of time, and defer current recognition of gain on the sale of the old property.
An investor decides to sell investment property and do a 1031 exchange. He contacts a qualified intermediary (QI) and they enter into an agreement. The investment property is placed on the market. An offer to purchase the investment property is accepted and signed by the QI. Escrow for the sale is opened, and a preliminary title report is produced.
Section 1031 exchange—If a business sells property but uses the proceeds to buy similar property, it may be treated as a "like kind" exchange. Tax is not due based on the sale; instead, the cost basis of the original property is applied to the new property. [59] [60]