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  • Writer's pictureMercedes Shaffer

Rules For a 1031 Exchange

The 1031 Tax Deferred Exchange is a method by which owners of investment property may transfer the equity in their current property into a new property without triggering a taxable event.

What will a 1031 Tax Deferred Exchange do for you?

The 1031 Tax Deferred Exchange preserves your equity by deferring the tax you would pay on the Capital Gain you would realize if you sold your property outright. It allows you to re-leverage your investment, thereby increasing your real estate holdings. You lose none of your equity to taxes, thus allowing you to transfer your maximum equity into the purchase of your next property.

There are three basic rules you must follow:

RULE 1: Like for Like Investment real estate for investment real estate. You may exchange a duplex for a house, an apartment complex for vacant land in certain instances, etc. (or any combination as long as you follow rule #2).

RULE 2: Equal to or Greater Than A. The value of your new property must be equal to or greater than the value of your old property, less costs of sale. B. The debt amount (mortgage) on your new property must be equal to or greater than the debt amount on your old property.

RULE 3: Identification Within 45 days from the close of escrow on your downleg property, you must choose your upleg property. This must be evidenced by purchase contract or notification to escrow or your accomadator. You may identify up to (a) 3 properties of any value or (b) more than 3 properties whose combined values are less than 200% of the value of the downleg property. Escrow on your upleg property must close within 180 days of the date your downleg closed or before you file your next tax return.


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