Asset Preservation with 1031 Exchange – Tax Deferred Exchange
A 1031 exchange, also known as a tax deferred exchange is a strategy and method for selling a property, that’s qualified, and then proceeding with an acquisition of another property (also qualified) within a specific time frame. The logistics and process of selling a property and then buying another property are practically identical to any standardized sale and buying situation, a “1031 exchange” is unique because the entire transaction is treated as an exchange and not just as a simple sale. It is this difference between “exchanging” and not simply buying and selling which, in the end, allows the taxpayer(s) to qualify for a deferred gain treatment. So to say it in simple terms, sales are taxable with the IRS and 1031 exchanges are not.
Exchange of Property Held for Productive Use or Investment
The 1031 Exchange works great for example if you are selling a McDonald’s or Walgreen’s and you trade up to 2-3 Burger Kings, Walgreen’s, CVS site or a Walmart site.
Look at: US CODE: Title 26, §1031. Exchange of Property Held for Productive Use or Investment
Most buyers and sellers of Commercial Real Estate look at 1031 exchanges as an option as they consider their investment agenda. They figure that they defer paying state and federal capital gains taxes and depreciation recapture until they die and their estate goes to their spouse, charity or their children. They may also be able to hold off the alternative minimum tax that might sneak up on them if they were to sell a Commercial Property.
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