1031- Tax Deferred Exchange
In a typical transaction, the property owner is taxed on any gain realized from the sale. However, through a Section 1031 Exchange, the tax on the gain is deferred until some future date.
Section 1031 of the Internal Revenue Code provides that no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business, or for investment. A tax-deferred exchange is a method by which a property owner trades one or more relinquished properties for one or more replacement properties of “like-kind”, while deferring the payment of federal income taxes and some state taxes on the transaction.
The theory behind Section 1031 is that when a property owner has reinvested the sale proceeds into another property, the economic gain has not been realized in a way that generates funds to pay any tax. In other words, the taxpayer’s investment is still the same, only the form has changed (e.g. vacant land exchanged for apartment building). Therefore, it would be unfair to force the taxpayer to pay tax on a “paper” gain.
The like-kind exchange under Section 1031 is tax-deferred, not tax-free. When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax.
Call my favorite 1031 Exchange Accomodator for a free brichure or more information today!
OREXCO
Julie Tumbaga
Regional Account Manager
733 Bishop Street, Suite 2700
Honolulu, HI 96813
(877) 591-1031
(808) 524-6737
(808) 528-3837
E-mail: jtumbaga@orexco1031.com
This information is intended as a general outline, please consult an Exchange Professional before making decisions or proceeding. Updates to laws, regulations, and transaction specific details may occur or be required.
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