October 30, 2009

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The 1031 Exchange Basics

More and more people are finding it tougher to keep a hold of their money these days. It is troubling to see that some people lose some of their money needlessly as well by not understanding some of the tax laws that can shelter some of their money from being unduly taxed.

One of the biggest areas of trouble is in real estate, or real property. There are laws that allow people to shelter their money from being taxed if their intent is to reinvest the money gained from one sale of property into another like kind property. This exchange of property is called a 1031 exchange. While it can be very helpful, it must be done right in order to qualify and keep your money sheltered.

A 1031 tax exchange is the reinvestment of the money gained from the sale of one property to another like property for the same intention. For example, if you wanted to get out of one rental property into another, you could do that and avoid taxes because you really have not gained anything yet.

There are also some other requirement s that the transaction from one property to the other be completed in a certain time frame. For example, the replacement property must be identified within 45 days of the sale of the relinquished property. Also, the sale must be completed within 180 days.

In addition to the time requirements, it is also required that the person attempting to do a 1031 exchange obtain a qualified intermediary and use them to hold onto the funds from the sale of the original property. This is done to ensure the interest of the government that no money is gained from the sale under the tax shelter.

While the idea is not to have a gain it can happen at times. This can happen for several reasons. One of the reasons that this can happen is when you downgrade in your property. When a gain occurs it is called a boot. The problem with receiving a boot is that you then need to pay taxes on that. Be sure you know where you stand and any possible things that you can do to prevent that from happening if you wish to defer all of the taxes from the sale of the property.

To better understand what a boot it is, it is helpful to understand how this can come about, even without the intention of making this happen. For example, if the property that you invest is less than the property that you sold. Without anything to offset that, it becomes a gain, or a boot. It can also happen in the same case, but instead of cash, the debt is reduced

The time limitation of finding a replacement property in the 45 days following the close of the old property is the most difficult part of the process for most people. This is one area that the IRS will not budge either, so don?t even think that you can ask for and get an extension. It is recommended to try to have some things in place before selling your original property to reduce the risk of not getting the 1031 exchange done properly.

If you have never learned about a 1031 exchange or 1031 exchange property, but you purchase and sell property, then you should learn a little more so that you can stop spending money on unnecessary taxes.




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