Tax deferred exchanges safe haven or shipwreck

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A 1031 tax deferred exchange is simply a method enabling property owners to trade an

investment property for another investment property without paying capital gains taxes

on the transaction. Such taxes can be more than 1/3 of the investors’ capital gain.
The property surrendered and the property received must be “like-kind”.
All real property is “like-kind” with all other real property.
Some examples are:

-residential for commercial

-vacant land for multi-family residential

-industrial for farmland

I.R.C. Section 1031 does not apply to exchanges of stocks, bonds, notes, securities, or

interests in a partnership.

The most popular exchange is the delayed exchange, often referred to as a “Starker”

exchange. Strict adherence to the following deadlines with absolutely no extensions, will

avoid the payment of capital gains for the transaction.
The 1031 exchange begins on the date of closing of the property being sold (the

relinquished property). The exchange must end within a maximum of 180 days with the

closing on the acquisition of the replacement property. This 180 day timetable is called

the Exchange or Acquisition Period.

During the first 45 days the replacement property must be identified and written

notification given. These deadlines are strict. For example a deadline that falls on

Thanksgiving, Christmas or New Year’s Day is not extended.
The use of a Qualified Intermediary is necessary for the successful completion of a tax

deferred exchange. It is imperative that the seller not receive any of the funds from the

sale, proceeds must go directly to the Qualified Intermediary. Although it is permitted

that the contract deposit can be held by the seller’s attorney, once title has been conveyed

all proceeds must be paid to the Qualified Intermediary.

When it is time to purchase the replacement property (within 180 days) the qualified

intermediary closes the transaction and pays the funds to the seller of the replacement


The Qualified intermediary must be an entity who is neither the taxpayer or an agent of

the taxpayer. There must be a written agreement (the Exchange Agreement).

The use of a Qualified Intermediary is known as a “safe harbor”.
Call Judicial Title to insure a smooth trip through your next 1031 exchange.

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