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Section 1031(a) of the Internal Revenue Code (26 U.S.C. § 1031) states the recognition rules for realized gains (or losses) that arise as a result of an exchange of like-kind property held for productive use in trade or business or for investment. It states that none of the realized gain or loss will be recognized at the time of the exchange.
This kind of transaction is also called a "1031 exchange", because Internal Revenue Code section 1031 of the U.S. Internal Revenue Code allows owners of certain kinds of assets to defer capital gains taxes on any exchange of like-kind properties. Both the relinquished property and the acquired property must be like-kind, and must be held for ...
1231 Property is a category of property defined in section 1231 of the U.S. Internal Revenue Code. [ 1 ] 1231 property includes depreciable property and real property (e.g. buildings and equipment) used in a trade or business and held for more than one year.
Here are six common ways to avoid paying capital gains: 1031 exchange. A 1031 Exchange allows the investor to reinvest the money into a like-kind asset without owing taxes on the gain. This ...
In such cases, where the taxpayer is merely continuing his investment, it makes sense to defer the recognition of any gain or loss realized until the taxpayer truly ends the investment. Internal Revenue Code sections 1031 through 1045 [2] provide the most commonly implicated nonrecognition rules, including the section 1031 rule for Like-Kind ...
The remainder of any gain realized is considered long-term capital gain, provided the property was held over a year, and is taxed at a maximum rate of 15% for 2010-2012, and 20% for 2013 and thereafter. If Section 1245 or Section 1250 property is held one year or less, any gain on its sale or exchange is taxed as ordinary income.
Subchapter O: Gain or Loss on Disposition of Property (§ 1000–§ 1111) ... Part III: Common Nontaxable Exchanges (§ 1031–§ 1045) Section 1031: Exchange of property held for productive use or investment ... Section 1041: Transfers of Property Between Spouses or Incident to Divorce ...
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.
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