Exchanges can have a lot to “like”

Like-kind exchanges, or in IRS talk “IRC Section 1031” is an investors dream come true. 

Whenever you have an investment that has gone up in value from the time you bought it to the time you sell it you pay a capital gain tax on the profit. Unless you choose to defer that gain by using the “1031 like-kind exchange rule” IRC Section 1031 allows you to defer the gain on an investment by using the money gained to buy another similar property. This is not a tax free exchange – but it does put off paying that tax until a later date.

Both personal and real property can qualify for an exchange. However, the rules for personal exchanges are far more strict.  To accomplish a Section 1031 exchange, there must be an exchange of properties.  The simplest type of Section 1031 exchange is a simultaneous swap of one property for another. This is usually done with the help of an intermediary who knows all the rules required by the IRS. Most importantly the timelines; From the time you sell the one property you have 45 days to identify an exchange property and 180 days to complete the purchase. Meanwhile, you cannot take any of the gain or it becomes a taxable event. It is possible to take some cash and invest the rest – just know that you will pay tax on whatever you take out of the exchange and don’t take that cash before the exchange is complete or the whole deal can be blown!

It may sound somewhat complicated but believe me, this has been one of the best investor vehicles for deferring the dreaded capital gains tax. I am not a tax consultant – thank goodness, but if this sounds interesting to you, I can put you in touch with a very experienced intermediary and/or tax consultant that together we can walk you through the whole process from beginning to end.