The 1031 exchange is often called the real estate loophole by many investors. You can know more about this when you click here. Anyone who wants to ride a fast vehicle to wealth should take advantage of this specific section of the IRS. However, getting this right can be tricky for most people. That’s why when they haven’t done this before, it is essential to get a specialist, accountant, or attorney to help them with the procedure.

There are specific rules that one should follow. What 1031 means to an investor is that they can legitimately pay fewer taxes through real estate. However, while all people want to pay less, some circumstances won’t make others find their way around taxes. However, some can defer their taxes, and the whole procedure can be legal. They can gain a lot through the years as long as they continue to trade the right properties and reinvest the capital gains.

The IRS code has a section that allows an investor to strategize his investments. This code can allow anyone to defer the capital gains that they received from a sale of a property. But there are conditions. As long as they will buy a like-kind property using what they gained in the first apartment, villa, or house, then they can defer the taxes for next year and so on.

Restrictions with the Code

Note that trade is only possible for properties that you are using for your business. You can’t do an exchange for the house that you are currently living in. This means that if you own a flower shop and the building where it’s located, then this property can be sold and it can be included in the 1031 exchange.

The 1031 exchange does not apply to vehicles, boats, personal residences, artworks, collectibles, aircraft, livestock, and more. There was a new tax law in 2018 that repealed the transactions of the mentioned assets. You can check with a lawyer to make sure that what you will be exchanging is allowed to be included in section 1031.

While individual entrepreneurs swap properties that are related to their business, most make trades with investment assets. For some people, they sell a bare piece of land and buy apartments that they can rent to others. Some sell their purple duplex so that they can buy an apartment building. Here are other things that you should know about this. Read more about how to look for the right apartment here:

Things to Know about the Exchange


  1. Note that 1031 is not for your homes or apartments. It’s a provision expressly only permits investments and business properties that you own.
  2. Your personal residential houses no longer qualify. There are new provisions in the law that explicitly singles out the real estate as the only qualified asset that you can trade. Previously, you can defer the gains from the sale of yachts, planes, and more. Times have changed, and you need to know which ones are allowed in 1031 to be with the right side of the law.
  3. There are terms such as “three-party swaps.” This means that after the sale of a villa, a delayed exchange will happen. A middle man will handle the cash, and they will use this in return to buy “like-kinds” assets for you as a replacement to the first one.
  4. The rule “like-kind” can cover a broad range of meanings. You can do a transaction from an apartment to a strip mall. Some may find these rules as liberal, but professional guidance like the ones in Capital Square 1031 Exchange is still needed. You can call an expert in this area if you are unsure.
  5. If you receive any cash from the transactions, know that they are taxed. When the middle man acquires a new apartment that can be leased and you have money left over, then this will be paid to you at the end of the designated 180 days. The cash left is termed as boot, and the taxes act as partial proceeds or capital gains in your part.

There are other things that you can know about this transaction. But the premise is simple. Once you have gained from sales of properties, you should pay taxes as soon as possible. However, there are certain exceptions to the rule, and the IRS Section 1031 is one of them. You can delay the taxes legally if you are going to reinvest the gains on a “like-kind” property.

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