A 1031 Tax Deferred Exchange is one of the last tax shelters allowed by the Internal Revenue Service. It is a transaction in which a taxpayer exchanges investment property for like-kind property and defers the payment of capital gain taxes. The IRS defines like-kind property as all real property held for the productive use of trade or business or for investment purposes. This basically means any real estate held for investment except your primary residence and second family home.

There are some important rules which must be followed to effectuate a valid exchange:

• The exchange must be opened before the close of escrow on the relinquished (sale) property.
• The taxpayer must identify the replacement (acquired) property within 45 days after the close of the relinquished (sale) property.
• The taxpayer must close the replacement property within 180 days from the close of the relinquished property or the tax return filing of the relinquished property, whichever comes first.
• The taxpayer must reinvest all net proceeds into the replacement property.
• The taxpayer must obtain a debt of equal or greater amount on the replacement property.

By following these rules, the taxpayer may shelter the capital gain taxes into the replacement property. This creates more buying power for the taxpayer than if the capital gain taxes were paid. Also, by deferring the payment of capital gain taxes, the taxpayer gets to invest the taxes interest free from the IRS.

Is this a way to increase your Portfolio of Real Estate without digging into your pocket?

Consider this:

Whether an investor owns a property all cash or with leverage, the benefits of tax deferral are significant. The tax dollar saved can be utilized to purchase additional property. The example below shows the significant advantage of exchanging for an investor who sells a $425,000 property that has been fully depreciated and that was debt-free. This assumes the client is subject to a combined federal and state tax bracket of 35%.

The investor who executed a property §1031 Tax Deferred Exchange defers the payment of capital gain taxes. 

Example:

By doing a §1031 Tax Deferred Exchange, the investor increased his portfolio by $467,000!!!

Phil Atwan
Exchange Resources, Inc.
8885 Rio San Diego Drive, #135
San Diego, CA  92108
Phone: 877-799-1031
Direct Line: 213-479-8800
Website: www.ExchangeResources.net
Email: PhilAtwan@EarthLink.net

The information provided is not intended as legal or tax advice and may not be relied on for purposes of avoiding federal tax penalties.  All individuals, including those involved in a real estate transaction, are advised to meet with their tax and legal professionals.

Charlie Dunn, CRS
Prudential California Realty
11306 183rd Street, Cerritos, CA 90703
Direct Line: 562-430-4007
Make Yours a "DunnDeal" 

DRE# 00952327