1031 Exchange Escaping the Certainty of Taxes'In this world', said the
great Benjamin Franklin, 'nothing is certain but death and taxes'.
While modern medicine continues to work on a cure for mortality, 1031
exchanges offer a valuable mechanism against the foibles of the taxman.
Allowing the exchange of one property for another, this property market
trend can help you hold on to money that might otherwise end up with
the IRS. How do you know whether you are eligible to take advantage of
this great property trend? The
first stipulation is that the two properties involved in the swap be in
use for 'trade or productive purposes', that is that they are
moneymaking concerns of some kind, such as a rental property or holiday
home. The property intended for swapping must also reside in the US,
though it can be located at any point within. 1031 exchanges
necessitate the involvement of what are known as Qualified
Intermediaries, who deal with the paperwork involved in the switch, and
assume a role akin to a property purchaser. The property to be
exchanged is handed over to this intermediary, until the property owner
locates a new property, at which point the switch can be made. This
type of property exchange operates under strict guidelines and an
exacting timetable. Once the original property is sold, a list of
possible replacements must be supplied to the intermediary with
forty-five days, while the exchange itself must be completed within one
hundred and eighty. The title to both properties must remain intact
throughout the entire process, so this is not the time to dissolve any
business partnerships that might be involved. Any deviance from these
strictures can threaten the entire exchange process. The
properties to be exchanged must also be what is described as
'like-kind', meaning that they are roughly comparable. This does not
mean that the two properties must echo one another entirely, it simply
refers to the fact that the property relinquished and the one to be
taken up must both be suitable for use in a similar business or
investment related way. 1031 exchanges are not for use on
residential homes, and so, for many people, are of little value. But if
you own a business property and would like to move premises without
losing a sum of money to the taxman, then a 1031 exchange might just be
the right choice for you.
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