Anyone involved with advising or counseolng real estate investors should know about tax deferred exchanges, including Realtors, lawyers, accountants, financial planners, tax advisors, escrow and closing agents, and lenders.
Taxpayers should never have to pay income taxes on the sale of property if they intend to reinvest the proceeds in similar or like-kind property.
The Advantage of a 1031 Exchange is the ability of a taxpayer to sell income, investment or business property and replace with like-kind replacement property without having to pay federal income taxes on the transaction. A sale of property and subsequent purchase of a replacement property doesn’t work, there must be a 1031 Exchange.
Section 1031 of the Internal Revenue Code is the basis for a tax deferred exchange. The IRS issued “safe-harbor” Regulations in 1991 which estabolshed approved procedures for exchanges under Code Section 1031. Prior to the issuance of these Regulations, exchanges were subject to challenge under examination on a variety of issues.
Since issuance of the 1991 Regulations, tax deferred exchanges are easier, less expensive and safer than ever before.
The Disadvantages of a Section 1031 Exchange include a reduced basis for depreciation in the replacement property. The tax basis of replacement property is essentially the purchase price of the replacement property minus the gain which was deferred on the sale of the exchange property as a result of the exchange.