Improve Investment performance.
The fundamental advantages of a tax deferred exchange may be utilized to diversify, consolidate or leverage your investment portfolio. With respect to real property, the broad definition of " like kind" provides investors with numerous options to accomplish their investment goals.
Properties that qualify for IRS Section 1031 treatment.
IRS Section 1031 provides that in order to qualify for tax deferred treatment, the relinquished property must be exchanged for replacement property that is "like kind". "Like kind" means similar in nature and character notwithstanding differences in grade or quality. The fact that any real estate involved is improved or unimproved is not material as that fact relates only to the grade or quality of the property and not its kind or class. As such, raw land held for investment may be exchanged for single family rentals used for a trade or business or any combination of the following:
Single Family Rentals
Golf Courses and Some Recreational Properties
Multi Family Rentals
Leasehold Interest of 30 years or more
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The 1031 Tax Exchange rules are outlined in the U.S. tax code and treasury regulations. In order for a property to be eligible for these types of exchanges, the property must fall within specific boundaries. The first rule is that the property that is being exchanged must be “like” property. For instance, any property that is located within the United States is considered “like-kind.” Property outside of the United States typically can not be included in 1031 exchanges.
Additional rules specify that the property to be acquired must be of equal or greater value than the property that it is being exchanged for.
There is an exception rule within the 1031 Tax Exchange. Certain types of property may be excluded, even if they are located within the United States. These exclusions include: property that is being held for sale for a profit, inventories, stocks, bonds, and notes, other securities or evidence of indebtedness, if the owners are looking at a partnership, and other beneficial interests.