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1031 Exchanges "Like-Kind Properties"
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How would you like to defer the capital gain taxes you would pay from selling your property? Well, according to Section 1031 of the Internal Revenue Code, certain tax advantages can be realized if “like-kind” properties are exchanged. “Properties are of like-kind if they are of the same nature or character, even if they differ in grade or quality.” Therefore, an exchange of real estate for another piece of real estate is an exchange of “like-kind” properties. “It doesn’t matter where the real estate is located (but foreign and U.S. real property can’t be like-kind) or whether it is improved or not.” Fortunately for investors, Condo Hotels can qualify as a “like-kind” property.
In order to qualify, the Condo Hotel unit must be purchased as an investment and the owner can only occupy the unit for a minimal number of days each year (visit www.irs.gov for more details).
In a typical real estate sales transaction, the property owner is taxed on any gains on the sale of that property. However, through a 1031 Exchange, the tax on the gain is deferred until the replacement property is sold. At that time, taxes will be due for the gains on both the relinquished and replacement properties
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It is important to remember that a 1031 exchange is tax deferred, not tax free. By deferring the tax through an exchange, you have more money to invest in a property. Essentially, the provision provides investors with an interest free loan from the federal government. In order to qualify for a 1031 Exchange, the investor must identify the replacement property to be exchanged within 45 days of the sale of the relinquished property. Furthermore, the purchase of the replacement property must take place within 180 days of the sale of the relinquished property. While 1031 Exchanges might not make sense for every Condo Hotel buyer, they certainly offer a way to defer federally mandated taxes. For more information on this type of transaction, please consult your local tax advisor.
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1031 Exchanges allow investors to defer paying costly capital gain taxes and take advantage of an interest free loan from the government.
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111 Westport Plaza Dr., Suite 1025, St. Louis, MO 63146 (866) 469-6060
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