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According to the IRS ,.

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Property used primarily for personal use, like a primary residence or a second home or vacation home, does not qualify for like-kind exchange treatment. Property does not qualify as like-kind if one property is in the U. Additionally, an investor may be able to exchange a property for a stake in a Delaware Statutory Trust DST under certain circumstances, given changes in the tax code. However, the only one that qualifies for potentially special treatment under a exchange of like-kind property is the DST. In a DST, two parties hold property or run business operations between them.

Under this agreement, real estate can be held, managed, administered, invested in or operated for the benefit of one or more trustees. The flexibility of the Act as to the operation, management and activities of the trust and the limited liability granted to beneficial owners have made Delaware Statutory Trusts the perfect vehicle for a diverse range of business transactions. In , the U.


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On a case-by-case basis, you may exchange a property under a exchange for an interest in a DST. That means you can perform the exchange of property for an interest in a DST without registering a capital loss or gain under a exchange.

1031 EXCHANGES do more than save taxes

The benefits of such an exchange could be powerful, but if an investor unknowingly tries to exchange properties that are not defined by the IRS as like-kind, they may find themselves stuck with a hefty tax bill. To learn more, visit RealtyMogul. Share to:. Popular Articles.

A tool for real estate investors, explaining 1031 Exchange Tax Deferral

He pointed to the history of farmers swapping odd parcels of land to create contiguous farms that were easier to maintain. In the last major tax overhaul, which occurred in , a provision in the code allowed for a delay of days between selling one property and buying another, without any tax on the gains from the sale of the first property.

A ruling from the I. Peter E.

The 1031 Tax Advantage for Real Estate Investors

Buell, a partner at Marcum, the national accounting firm, said that one of his clients had sold the air rights over a three-story building on th Street in Harlem that he had owned for decades. Without doing a exchange, the client would have had to pay tax on the entire sale price. Buell said. In keeping these exchanges just for real estate, lawmakers may have inadvertently signed a decree that will send some museum-worthy pieces of art outside the country.

Top collectors, who may spend millions of dollars for a single work of art, have taken advantage of exchanges that allowed them to use sales from their collection to buy new art — and save the nearly 30 percent tax on the gains.


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  • But that stopped with the new law. When properly structured, real estate can be an extremely tax efficient investment.

    What Is A Exchange? – Fresno Income Properties

    Benefits are produced by the following three components:. Because assets wear down over time, the IRS allows for deductions from taxable income to account for this loss of utility. Note, that depreciation allowance does not represent actual out-of-pocket expenses incurred by an investor.

    It is simply a deduction allowance against ordinary income. Current IRS guidelines generally allow residential real estate to be depreciated over Their depreciation deduction is:. The IRS allows investors to deduct the interest portion of loan payments for investment properties from taxable income.

    A Review of Opportunity Funds and the 1031 Exchange

    Note that the portion of payment attributable to principal reduction is not deductible, but does benefit the investor through equity build-up. To illustrate the benefits of these deductions, continuing with our example and assuming a In this example, by utilizing the income tax deductions, the investor ends up with five times the amount of after-tax cash flow!

    Assuming the investor is in the highest tax bracket, their potential tax liability may look like this:. Investors who continually perform exchanges generate ever increasing cash flow and net worth, compared to real estate investors who choose to pay taxes each time they sell a property.