1031 Exchanges Basics
1031 Exchange Definition
A 1031 exchange is a legitimate process sanctioned by the Internal Revenue Service where like-kind property is exchanged wherein the property owner, referred to as exchanger, is not liable for immediate taxation. 1031 exchanges are basically carried out for real estate transactions although other tangible and intangible properties could also qualify. The IRS requires an unbiased third party to facilitate the exchange. This party is called facilitator, qualified intermediary (QI) or accommodator.
Why Consider an Exchange?
A 1031 exchange can be a potent investment tool especially for property or business owners. This is because properties that are retailed or handed over for gain is subject to taxation, which can accrue rapidly. As the seller, you can be liable for taxes, which could reach a whopping 40% or more. In a 1031 exchange on the other hand, the property owner can keep all the property’s equity for re-investment purposes. This means that exchanger could acquire a replacement property with improved cash flow, better location and a reduction of management.
Eligibility for an Exchange
Any property held chiefly for investment purposes or for industrial use in a business may qualify as like-kind. For real estate, like-kind property basically refers to any real property found in the USA or in some of its territories. An example of a legal exchange is an apartment exchanged for an office building. Real property is not like-kind to personal property; a piece of land for instance, cannot be exchanged with an airplane.
Properties Ineligible for Exchange
Some properties are not eligible for a 1031 exchange. This was determined by the IRS when they modified the IRC 1031 in 1986. Examples of excluded properties include personal residences, stocks, notes, bonds, securities, enterprise gains, amity of a company, and other evidences of indebtedness. Also prohibited from being exchanged are properties held chiefly for sale. However, the portion of a personal residence, which is dedicated to business or investment use, may be eligible for an exchange. A home office is one example.
What are the Cornerstones of a 1031 Exchange?
1. When a property is transferred, it must not be a sale. It must be an exchange, which means that the exchanger relinquishes a property but must receive replacement property in return.
2. The properties being exchanged must be of similar classes. The relinquished property must be like-kind to the replacement property.
3. For an exchange to be completely deferred from tax, the napkin test, which is basically comparing the values of the relinquished and replacement property, must be satisfied.
4. The party renouncing the relinquished must receive the replacement property.
1031 Exchange Timeline Conditions
Yes. The exchanger has exactly 45 days gauged from the date when the relinquished property would close, to propose the potential replacement properties and 180 days to obtain the replacement property. Note that the exchange must be completed within 180 days, not 45 + 180 days.
What are the Rules for Identification?
The exchanger must provide in writing a clear description of the potential replacement property prior to midnight of the 45th day, gauged from the day the relinquished property closed. A legal description of the replacement property would suffice. Apart from that, a submitted purchase contract is also considered enough identification. Moreover, property purchased and close within the 45 days can also qualify as identification.
1031 Exchange Exceptions
It has been mentioned earlier that personal residences are excluded from being exchanged. However, vacation homes and other second homes may be eligible for 1031 exchanges depending on certain conditions defined by the Internal Revenue Service on February of 2008.







































