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What is a section 1031 exchange?

On Behalf of | Mar 28, 2024 | Real Estate Law

In the world of real estate investment, you might come across the term “Section 1031 exchange.”

This provision is part of the United States tax code and offers the opportunity for investors to defer capital gains taxes when swapping one investment property for another.

The Section 1031 exchange

Capital gains taxes on commercial real estate can vary from 10-37% in the short term. A Section 1031 exchange allows investors to sell a property and reinvest the proceeds into a new property of a similar kind or nature. By doing so, they can defer paying capital gains taxes that would normally be due upon the sale of the original property.

How  it works

Suppose you own a piece of commercial real estate that has appreciated significantly since you purchased it. Instead of selling it outright and incurring hefty capital gains taxes, you can initiate a Section 1031 exchange within the specified time frame.

Key requirements

To qualify for a Section 1031 exchange, you must meet certain criteria. You must hold both the property you are selling and the one you are purchasing for investment or business purposes. They cannot be personal residences. The value of the replacement property must be equal to or greater than the relinquished property, and you must reinvest all proceeds from the sale to defer taxes fully.

Benefits and considerations

The primary benefit of a Section 1031 exchange is the ability to defer capital gains taxes, allowing investors to preserve more of their investment capital for future transactions. It is important to consult with qualified professionals, such as tax advisors or real estate experts, to ensure compliance with IRS regulations.

Saving on taxes can help maximize business profits. Real estate investors would do well to take advantage of Section 1031 exchanges.