IRS 1031 Like Kind Exchange


A properly structured 1031 exchange allows an investor
to reinvest the proceeds in a new property and to defer all capital gain
taxes.  Section 1031 States

gain or loss shall be recognized on the exchange of real property held for
productive use in a trade or business or for investment, if such real property
is exchanged solely for real property of like-kind which is to be held either
for productive use in a trade or business or for investment.”

To understand the powerful protection a 1031
 offers, consider the following example:

an investor has $400,000 in gain and also $400,000 in net proceeds after
closing. Assuming an investor with a $400,000 capital gain and incurs a
tax liability of approximately $140,000 in combined taxes (depreciation
recapture, federal capital gain tax, state capital gain tax, and net
investment income tax) when the property is sold. Only $260,000 in net
equity remains to reinvest in another property.

a 25% down payment and taking on new financing for the purchase with a 75%
loan-to-value ratio, the investor would only be able to purchase a
$1,040,000 replacement property.

the same investor chose to exchange, however, he or she would be able to
reinvest the entire gross equity of $400,000 in the purchase of $1,600,000
replacement property, assuming the same down payment and loan-to-value

As the above example demonstrates, tax-deferred exchanges allow investors to defer capital gain taxes as well as facilitate significant portfolio growth and increased return on investment.

For more information contact us or see Southeastern 1031 Services, a division of Smoky Mountain Title.



Self Directed IRA

Some investors may find it benificial to use a non-recourse loan.  Find out more here.

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