What is a Tax Deferred Exchange?

A tax deferred exchange is simply a method by which a property owner trades one property for another without having to pay any federal income taxes on the transaction. In an ordinary sale transaction, the property owner is taxed on any gain realized by the sale of the property. But in an exchange, the tax on the transaction is deferred until some time in the future, usually when the newly acquired property is sold

These exchanges are sometimes called "tax free exchanges" because the exchange transaction itself is not taxed.

Tax deferred exchanges are authorized by Section 1031 of the Internal Revenue Code. The requirement of Section 1031 and other sections must be carefully met, but when an exchange is done properly, the tax on the transaction may be deferred. 

In an exchange, a property owner simply disposes of one property and acquires another property, rather than the sale of one property and the purchase of another. 

Today, a sale and a reinvestment in a replacement property are converted into an exchange by means of an exchange agreement and the services of a qualified intermediary - a fourth party who helps to ensure that the exchange is structured properly. 

The IRS' new regulations make exchanging easy, inexpensive and safe.

Internal Revenue Code (IRC) Section 1031 is one of the last remaining tax loopholes. It is a powerful tool that allows investors to exchange any investment property for any other investment property. For your exchange to be valid, you must follow specific IRS regulations. 

Here is an abbreviated list of the regulations.

1.) The properties being exchanged must be of a like kind. For example, you may exchange: 

• a house for another house (or several houses)
• a house for commercial real estate
• land for rental property
• a strip mall for an office building
• any investment property for any other investment property (as long as it is not occupied as your primary residence)

2.) You must identify and close on your replacement property within a specific period of time.

• You must identify the property (can identify 3 of them) within 45 days of selling your other home (day of settlement)
• you may not use ANY of the proceeds from the sold property or you will negate the exchange
• You must settle on one of the three identified properties within 180 days from day of settlement (do not count this by months as some months have 31 days

3.) 100% of the proceeds from your current property must be held by a Qualified Intermediary and applied toward your replacement property to get a full tax deferral.

4.) Your replacement property must be of equal or greater value to the property you have sold to get a full tax deferral.

5.) Properties being exchanged must be used for investment. Personal residences are not exchangeable.

Why use a 1031 exchange:

To defer your capital gains tax

To diversify

• Exchange one property for a larger one.
• Exchange one property for several properties.
• Increase depreciation.

To simplify

• Exchange several properties for fewer (or one) property.
• Improve the quality of your property.
• Decrease management responsibility.

To relocate

• Exchange for a property closer to where you live.
• Exchange to an area with higher appreciation.

There is a new concept where your Roth IRA can buy a vacation property. It is not a very complicated procedure, but as with all tax exchanges - YOU MUST FOLLOW THE RULES EXACTLY

Please consult your tax advisor