When individuals sell an investment or business property, they acquire capital gains. Investors acquiring capital gains from selling must then pay taxes on those gains at the time of the sale. IRC section 1031 offers an exception for investors to postpone or defer paying taxes if there is a reinvestment in a like-kind exchange. Investors must comply with rules and regulations to legally receive the benefits of a like-kind exchange, also known as a 1031 exchange. This article will highlight the aspects that qualify for a like-kind exchange.

Who Qualifies for Like-Kind Exchange?

Owners of business and investment properties qualify for the 1031 Exchange. Individuals, C and S corporations, limited liability companies, partnerships (limited or general), trusts, and tax-paying entities can set up a business or investment exchange of properties under Section 1031. 1031 Exchange might solely include like-kind properties, along with liabilities, cash, and business or investment properties that are not like-kind. When individuals receive debt relief, property, or Money that is not like-kind, they have to pay tax on the capital gain. Deferred and gain in the same transaction is possible when taxpayers exchange like-kind properties of lesser value.

Structures of Like-Kind Exchanges

To cater to the requirements of Section 1031 Exchange, there should be an inter-change of like properties. It is a simple process when one property gets swapped with another similar property within a stipulated time frame. Deferred exchanges of properties are complex, but there is flexibility. The process allows people to dispose of one property and instantly acquire one or multiple like-kind exchange properties.

To qualify for the 1031 Exchange, taxpayers should understand the distinction between a deferred exchange when it involves a simple sale of one investment property and using sales proceeds to buy another. In a deferred exchange, the nature of the old property and the possession of the new one should be mutually dependent, constituting a like-kind exchange. Taxpayers in deferred exchanges seek the help of facilitators under exchange terms and conditions under the Income Tax Regulations of the state and the country.

The reverse exchange of properties seems more complex than the deferred exchange. It includes acquiring the new property via an exchange accommodation titleholder with a window period of not more than 180 days. During the period, the taxpayer disposes of the old property and closes the exchange.

Properties Qualifying for Like-Kind Exchange

Selling the old and acquiring the replacement property should adhere to specific agreements and requirements. The properties in the like-kind exchange are used for business or investment purposes. Properties for personal use, like residences, vacation properties, or second homes, are not eligible for like-kind exchange processes. Further, the relinquished and the replacement properties should be adequately similar to qualify as like-kind.

Same Character/Class and Nature

A like-kind exchange involves properties of the same class, character, or nature. The quality or grade doesn’t matter in the like-kind exchange. A Real Estate property with up-to-date improvements in a residential rental accommodation is a like-kind exchange for vacant land. There is a strict rule in the like-kind exchange that is beyond adjustments. A real Estate property within the US is not eligible for like-kind exchange outside the country.

Real and personal properties qualify for exchange under the 1031 Exchange Section. Real property is not a like-kind exchange for personal property, and the rules and regulations of personal property exchanges are stricter than those of real property exchanges.

Properties Excluded from the Section 1031 Exchange

Section 1031 Exchange is not eligible for

• Certificate of Trusts

• Partnership Interests

• Stocks

• Bonds

• Notes

• Investor or trade stock

• Debts

• Securities

Conclusion

Taxpayers should be careful while dealing with like-kind exchanges as scams are circulating in the marketplace. Enticing sales pitches might instigate taxpayers to exchange non-eligible second or vacation homes and suffer disaster results. Several promoters refer to like-kind exchanges as tax-free, and it confuses people. Taxpayers should have a basic understanding and know-how of like-kind exchange to deal with the relinquished and old properties. Knowledge and deep insights help them to avoid scams and deal with profitable exchanges. Taxpayers might get overwhelmed with all the rules and agreements of the 1031 Exchange. Consulting with a tax expert or professional is a wise decision, and enjoy tax deferment in capital gain from sale proceeds.

Originally Published on https://www.breakfastleadership.com/

Michael Levitt Chief Burnout Officer

Michael D. Levitt is the founder & Chief Burnout Officer of The Breakfast Leadership Network, a San Diego and Toronto-based burnout consulting firm. He is a Keynote speaker on The Great Resignation, Quiet Quitting and Burnout. He is the host of the Breakfast Leadership show, a Certified NLP and CBT Therapist, a Fortune 500 consultant, and author of his latest book BURNOUT PROOF.