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Articles about 1031 (0-50 of 229)

  • Re Journal Guide
    By: Todd R. Pajonas | - An IRC 1031 tax deferred exchange allows owners of real estate or personal property to defer the recognition of a capital gains tax they would have recognized when they sold their property. Instead of paying a capital gain tax to the government an investor is allowed to use that money toward the purchase of a new property. Tax deferred exchanges are not new they have been available in one form or another since 1921, and in its current format since 1986.

    For example, if an in ...

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  • State Of 1031
    By: Todd R. Pajonas | - These days it is fashionable to speak negatively about the real estate market where, until recently, pundits were still talking about only a cooling period. And while the sub-prime mess will account for a definite weakness in the residential markets for 2008 (and possibly for longer than that), there is still enough steam in the commercial markets to prevent the free-fall in property values that is occurring in the residential market. Accordingly, I am still bullish about investment real estat ...
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  • Expense Flyer
    By: Todd R. Pajonas | - In order to have a fully tax deferred exchange most taxpayers are told that they must purchase a replacement property of equal or greater value to the relinquished property they sold. Technically this is incorrect as it is possible to purchase a property for slightly less than the relinquished property when taking into account transaction expenses.

    The rules for obtaining a fully tax deferred exchange are:

    1. Purchase a replacement property of equal or greater value th ...

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  • August 2008 Tax Update
    By: Todd R. Pajonas | - Although business and commercial properties occupy the majority of 1031 exchanges there are still a fair number of exchanges which involve one and two family residential properties. This year a pair of laws have impacted the treatment of primary residences and vacation homes, both as potential 1031 properties, and for taxpayers in general.

    In March 2008 the Internal Revenue Service issued Revenue Procedure 2008-16 which helped to clarify whether vacation homes or second homes could ...

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  • Using Cost Segregation Studies To Tax Advantage
    By: Todd R. Pajonas | - Tax-Deferred Exchanges have long been a popular means of shielding real estate investors from capital gains tax. A properly structured tax-deferred exchange under 1031 of the Internal Revenue Code of 1986, as amended (IRC), allows an owner of real property, the "Exchanger," to defer the recognition of capital gains tax normally recognized upon the sale of real property.

    While exchanges have been possible since 1921, it was not until the now famous decision in Starker v. U.S., 602 ...

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  • Parking Arrangements
    By: Todd R. Pajonas | - While most exchanges are structured as "forward" or "delayed" exchanges, where the relinquished property is sold and the replacement property is then acquired within 180 calendar days, parking arrangements are structured much differently. A parking arrangement is necessary (a) when an exchanger wishes to acquire the replacement property before selling the relinquished property, (b) the exchanger needs to make improvements on the replacement property before taking title to it; or (c) a combinatio ...
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  • 1031 Safe Harbor For Vacation Homes
    By: Todd R. Pajonas | - Vacation homes have long been a source of angst among exchangers and their advisors because of the lack of guidance on whether they qualify as an investment property for IRC 1031 purposes. A recent Revenue Ruling by the IRS seeks to clarify a recent tax court ruling on the subject and provide clearer guidance.

    Generally, potential exchangers referenced Private Letter Ruling 8103117, in which the Internal Revenue Service ruled that a taxpayer could acquire a vacation home where th ...

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  • Zero-coupon 1031 Exchanges
    By: Todd R. Pajonas | - As investment real estate values have deteriorated and financing for properties remains very difficult to obtain, more and more investors find themselves in a predicament where they want or need to sell a property, but the net proceeds of the sale will not cover their tax obligations from the sale. This can happen because of a distressed sale, a short sale, a deed in lieu of foreclosure, or a foreclosure, which are also considered to be sales for purposes of Section 1031 of the Internal Revenue ...
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  • Why A 1031 Exchange Is Good For The Client And Good For The Broker
    By: Todd R. Pajonas | - What is an Exchange

    A 1031 Exchange allows owners of business or investment property to defer the recognition of the capital gains tax normally due upon the sale of the property so long as they use the proceeds to buy another business or investment property of equal or greater value. Although most people think about exchanges only in conjunction with commercial or industrial property, there is a huge need for exchanges when dealing with residential properties as well. There are st ...

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  • Identification Of Tics And Partial Interests For 1031 Exchanges
    By: Todd R. Pajonas | - Most investors structuring their transaction as a 1031 exchange are aware that they must identify their replacement property within 45 days of the sale of their first relinquished property. For example, the identification of the replacement property will read 123 Main Street, Anytown, NY, or some suitable derivative specifically identifying the property, such as a tax block and lot. If the taxpayer is acquiring a 100% interest in the property an identification merely listing a property a ...
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  • Vacation Home Exchanges Clarified
    By: Todd R. Pajonas | - Vacation Homes have long been a source of angst among exchangers and their advisors because of the lack of guidance on whether they qualify as an investment property for IRC 1031 purposes. In the past, exchangers readily exchanged 'second homes' based on the claim that in addition to enjoying the vacation home personally, they also purchased the property as an investment, and thus, it would qualify as a 1031 exchange.

    Late last year, owners of vacation homes who could only show a ...

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  • Irc § 1031 Tax Deferred Exchange
    By: Todd R. Pajonas | - Overview - An IRC 1031 tax deferred exchange allows owners of real estate to defer the recognition of a capital gains tax they would have recognized when they sold their property so long as they reinvest in other like-kind real property.

    Tax deferred exchanges are not new they have been available in one form or another since 1921, and in its current format since 1986.

    Exchanging allows taxpayers to reinvest money into new property held for business or invest ...

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  • Primary Residences And 1031 Exchanges: New Rules Benefit Taxpayers
    By: Todd R. Pajonas | - Primary residences are normally not a consideration when talking about IRC 1031 tax deferred exchanges, but some recent rulings have clarified what the results are when these two areas intersect. Revenue Procedure 2005-14 (1/27/2005, corrected February 3, 2005) provides for clarification and additional benefits for those taxpayers converting property between a primary residence use and a business and investment. In addition, it also provides guidance for properties used partially as a primar ...
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  • 1031 Exchange Replacement Property Options
    By: Todd R. Pajonas | - One of the benefits of structuring a transaction as an IRC 1031 tax deferred exchange is the ability to purchase replacement property which is of a different type than the relinquished property. Unfortunately, many people get caught up in the requirement that the property sold and the property to be purchased must be like kind in order to qualify for an exchange. In fact the term like kind does not mean that the same type of property must be purchased, it merely means that you must sel ...
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  • How A 1031 Exchange Can Help You Reclaim Your Life
    By: Todd R. Pajonas | - Too often a successful real estate investment comes at the expense of something else which is very valuable: time. As buildings age the amount of time needed to address the rising needs of tenants, as well as increasing maintenance costs, chips away at what might otherwise have long been a great investment. As a remedy to these problems real estate owners are looking to IRC 1031 tax deferred exchanges for a solution.

    Real estate owners have had the option of deferring the recogn ...

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  • 1031 Real Estate Exchanges May Fuel The Economic Comeback For Some But Not Many
    By: Trip Talk | - 1031 Real Estate Exchanges May Fuel the Economic Comeback For Some But Not Many
    When the economy crashed, the real estate bubble burst led the way for most of us. The headlines were all about auto and bank bailouts, passing Obama care and trillion dollars scares... I and millions of property owners watched our real estate portfolios plummet. While some were lamenting their 401 k"s, I was looking at a house listed for sale at $175,000 below tax assessed value. Now over 24 months lat ...

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  • Internal Revenue Code 1031: How It Can Work For You
    By: David East | - As a real estate investor you may be wondering how to make the most of the Internal Revenue Code 1031. You may even think that it works only for those investors with multi-million dollar properties but you would be wrong. If you want to have your cake and eat it too, as in selling your property and maybe even not managing real estate again, then the most powerful tool you have available to you is the real estate 1031 exchange.

    The 1031 real estate exchange is so powerful because is av ...

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  • Basic Concept Of 1031 Exchange Properties
    By: Allen Wright | - Many owners and investors are only focused on buying and selling real estate that they havent really looked at the advantages when it comes to 1031 exchange that IRS offers to people. This article will discuss on the basic things that you need to know and how it is beneficial if you will learn more about 1031 exchange properties.

    And most of real estate investors and traders will just use the money they earned for other means or keep it for future use. But they can actually use i ...

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  • It Is Advisable To Work With 1031 Exchange
    By: Kwam chue | - It is possible for a 1031 exchange. Their uses can be found for the Section 121 for a 1031 Exchange should be suggested. Investing in a taxpayers trade or business, or for failure to meet in real estate with replacement real estate broker that is rented out. Alternatives Group has established the following two investment programs to meet in real estate as a sole owner. Once the closing of the EAT can hold the promissory note as part of the relinquished property is property held for use in a 1031 ...
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  • What You Should Know About 1031 Tax Free Exchange
    By: Kwam chue | - We understand how important it is for an addendum to the sale of a hotel will typically include the underlying land and buildings as one of your exchange. It is advisable to work with us only by phone, fax and E-mail. Q - What are the general 180 day deadline occurs before the sale of the interpretation of the funds directly to the replacement property. An exchange structured within the appropriate party. Perhaps he has converted it to the replacement property. The SEC has not transferred title, ...
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  • A Little Bit Rules About 1031 Exchange
    By: Live high Live mine | - Money includes all cash being held by an Exchange Intermediary at any time after January 1, 2009 has to be completely tax free. After a month or two, taxpayer sells a residence is not eligible for this purpose but is not like-kind to a personal residence through an exchange. Investors and buyers should consider an exchange for an addendum to the seller of a personal residence is taken into account the debt on the Relinquished Property to the Replacement Property from a related entity. An Even Ex ...
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  • What Is A 1031 Exchange In Plain English?
    By: Jordan McPelt | - I had no idea what a 1031 exchange was when I first heard of it, but have since learned some more about it. This article is intended to help others who have no idea what a 1031 exchange is, but would like to know. I will do my best to write this in a clear, easy to understand manner.

    Before you can understand how a 1031 exchange works, you should first understand why they exist. They exist so that people can avoid losing money in form of capital gains tax when they sell one prop ...

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  • Trading Up Using The 1031 Exchange
    By: Craig Higdon | - In spite of decreasing real estate values across the nation, real estate investors continue to come up with innovative ways to make their investment turn out profitably.

    A powerful method for building real estate holdings is the use of 1031 Exchanges, which lets investors defer capital-gains assessment on investment property by reinvesting sale proceeds into the purchase of new property within a set time period. Though 1031 Exchanges have grown in popularity as the number of act ...

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  • Seller Financing: How To Use A 1031 Exchange
    By: D. Moore | - Seller Finance can be utilized for a variety of reasons. To do so, it is important to understand the motive of both the buyer and seller in the situation.

    Motives may include:
    * The seller is looking for a long-term income stream for retirement
    * The seller would like to spread the tax exposure of the sale over time
    * The property is not currently financeable
    * It is necessary to close the sale before financing is available
    * The buyer intends to ...

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  • Another 1031 Exchange Company Bites The Dust
    By: Bob Horton | - News reached me a few days ago from a friend at a major national commercial real estate brokerage that LandAmerica 1031 Exchange, a substantial firm in the 1031 business, is terminating operations immediately. They have frozen customer accounts and are unable to meet customer withdrawal demands. Seems LandAmerica invested its customers dollars in illiquid auction rate securities. So now all LandAmerica customers who have their hard-earned capital gains and principal with LandAmerica can ...
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  • 1031 Exchange; A Section Contained In The Internal Revenue Code
    By: Esteri | - A 1031 exchange is often referred to as a starker exchange. It is a section contained in the internal revenue code providing for the sale of a investment property such a real estate into the purchase of one or more other like kind properties.

    At closing the sale, the proceeds there from are transferred to a third person called a facilitator or a qualified intermediary.

    He then holds the proceeds till they are used for acquisition of the new property.

    ...

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  • Working With Tic: Asset Type Prognostication
    By: Kathryn Landry | - There are a few different real estate investments to choose from, but one that offers the most value and least risk is the TIC. The TIC or tenants in common investment is also known as the 1031 exchange, and is an essential instrument maximizing capital growth of real property assets.

    In terms of the investment opportunities offered by the TIC, this includes a signature deed trust, fractional ownership, zero e fund, and signature equity.

    Tax Deferred Exchange

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  • Real Estate Investors: The 1031 Process Isn't Irreversible
    By: Trisha Coppley | - The process of a 1031 exchange is one that is best entered into with a certain amount of planning and thought; it presents the unwary real estate investor with ample opportunity to make a misstep. Taking this into consideration, you might be hesitant to begin the 1031 process without a certainty that you will be able to follow it to completion. In reality, though, the perils of beginning the 1031 process do not have to be as intimidating as they might, at first glance, seem.

    ...

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  • Real Estate Investors: The Simplest Way To Submit A 1031 Property Identifications
    By: Trisha Coppley | - Making a 1031 tax exchange isn't always a simple endeavor; there are a great many factors that need to be duly considered during the course of the exchange, and many possible obstacles that may crop up. Fortunately, though, many of the contingencies involved in the 1031 process can be mitigated by a bit of preparation and forethought. A part of the process that can be simplified considerably provided that the investor does his homework beforehand is the identification of a piece of replac ...
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  • Real Estate Investors - Refinancing With A 1031 Exchange
    By: Trisha Coppley | - An essential concept behind the 1031 exchange process is that a property investor cannot draw any direct benefit from the proceeds of the sale of a relinquished property; any cash removed from the sale is considered to be 'boot', and as a result it is, in fact, liable for capital gains taxes. In accordance with this concept, the act of refinancing in order to remove stored value from your 1031 replacement property delves into a quite gray area in terms of compliance with Section 1031.
    ...

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  • Why Just Sell Investment Property When You Can Exchange It Under Section 1031?
    By: Trisha Coppley | - As a real estate investor, you know that dollar that you have invested is making you money, and, conversely, each and every dollar that isn't working for you is a lost opportunity to increase your wealth. When it comes time to make a sale on a piece of real estate, you have two choices. The first way in which you can cash in on a piece of property's appreciated value is simply to sell the property up front and recognize a capital gain. Accepting this liability means you must pay capital g ...
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  • Understanding The 1031 Tax Exchange
    By: Omar Johnson | - Real estate investors looking to sell an investment property and purchase a new one can greatly benefit from the Internal Revenue Code Section 1031. Section 1031 is one of the most powerful tax deferral tools currently available for taxpayers.

    In short,this section allows for a tax-deferred exchange. This means that taxpayers do not have to pay income taxes when they sell an investment property and reinvest the proceeds from that property into a like-kind or similar asset.
    ...

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  • 1031 Reverse Exchange
    By: Ellen Gentry | - A 1031 reverse exchange is similar to a 1031 exchange except for a couple of crucial differences. Many of these same rules are in place but there are a couple of additional rules you must know about. This article will first explain the benefits of using a 1031 reverse exchange as well as the different rules that differentiate a 1031 reverse exchange from a 1031 exchange.

    This first paragraph will explain why to use a 1031 reverse exchange. With a normal 1031 tax exchange, you ha ...

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  • 1031 Tax Exchange Database
    By: Ellen Gentry | - It is very hard sometimes to find a property which you will want to hold in your real estate portfolio for a long period of time when you know that you have a fast approaching deadline. This article will focus upon locating a tax exchange database as this might provide a list of properties which you may be interested in.

    When you are looking at acquiring your property, remember that you only have a 45 day window from the time that you sold and closed on your old property from whi ...

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  • The Specifics Of The 1031 Tax Exchange Rule
    By: Ellen Gentry | - In 1991, the IRS issued a publication which gave the specifics of the 1031 tax exchange rule. This short article will focus upon the qualifications you need to meet to qualify for a 1031 tax exchange.

    The property which you sell must fit under a particular category of the IRS code. It can only be under real estate held for business use or land used for investment. This is important to note as you can't use this to exchange your personal residence or any properties which you may ...

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  • 1031 Tax Exchange Properties And What To Look For
    By: Ellen Gentry | - 1031 tax exchange properties have very specific requirements attached to them and this article will focus upon what to look for when searching for 1031 tax exchange properties.

    To give a little background on the IRS and what it considers a particular property, it is necessary to speak to you about the different categories which real estate falls into. The first category is land held for investment. The second category is land held for business. The third category is land held f ...

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  • 1031 Real Estate Exchange And The Importance Of A Qualifying Intermediary
    By: Ellen Gentry | - A 1031 real estate exchange can provide great benefit to your financial net worth and is one of the most important tools in a real state investors' toolbox. This article will specifically focus upon the importance of choosing a very good qualifying intermediary and what factors you should consider when deciding which one to work with.

    A qualifying intermediary is the most critical piece of the puzzle when looking at doing a 1031 real estate exchange. These are professional compa ...

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  • 1031 Exchange - How To Acquire Properties
    By: Ellen Gentry | - This article will focus upon the use of a qualifying intermediary and identify the work which is done by these companies. It will also give a short and simple breakdown on the fees most often charged by qualifying intermediaries.

    This paragraph will explain the technical work of a qualifying intermediary. The qualifying intermediary prepares the legal paperwork related to the 1031 tax exchange as well as documents related to the transactions: both the selling of your old property ...

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  • Avoid Capital Gains Taxes - Legally! - With The 1031 Exchange
    By: Lani and Allen Voivod | - If someone told you about a perfectly legal way to sell your investment property without paying a single dime in taxes on the proceeds, would you think it's too good to be true?

    It's not. The 1031 Exchange is not only the real deal, it's being used more and more by people selling their investment property in the White Mountains region. One local real estate agency is stepping up their efforts to educate property sellers (and buyers) about the 1031 Exchange, so named after the IRS ...

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  • How To Make Your Money Work For You.
    By: Nationwide1031 | - There are many ways to manage your finances to get the most out of your money. Here are just a few tips for everyone from experts to those just starting out on their own. Manage your money the right way, and you'll definitely profit from it.

    Consider a 1031 tax exchange. If you sell an asseta commercial building or property, usuallyyou can avoid paying taxes on the profit if you invest your money in a similar building or property within 45 days. You can perform this transact ...

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  • When Is A 1031 Exchange The Wrong Answer?
    By: Keith John Gill | - Copyright 2006 YourLenderForLife.com

    The grass is always greener, isn't it? Maybe you see something better on the other side, or maybe you have problems with one of your current properties. But before diving into a 1031 exchange, consider why you want to exchange, and whether or not it will solve your problems.

    Property Management Problems - If you've lost the taste for property management, would another location really change anything? Try hiring a manager. ...

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  • What About 1031 Deferred Exchanges?
    By: Charles Cox | - Investing in authentic estate these time is a lot like singing Monopoly. In order to win, one must have the knack and ability to baraddition the trade of minus pleasing properties for those more expensive. chattels owners intent on appealing indigence to understand the many repayment of domestic Revenue language segment 1031 deferred trades.

    While not very general, tax-deferred trades have actually been in the tax policy while 1921 and are among one of the most significant tax p ...

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  • What Is A Deferred 1031 Tax Exchange?
    By: Nationwide1031 | - A tax deferred exchange represents a simple, strategic method for selling one qualifying property and the subsequent acquisition of another qualifying property within a specific time frame.

    Although the logistics of selling one property and buying another are virtually identical to any standard sale and purchase scenario, an exchange is different because the entire transaction is memorialized as an exchange and not a sale. And it is this distinction between exchanging and not simp ...

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  • 1031 Tax Exchange "€" Frequently Asked Questions
    By: Nationwide1031 | - After years of conducting tens of thousands of successful 1031 exchanges, we found that there are a number of frequently asked questions related to this type of transaction

    Equity and Gain

    Is my tax based on my equity or my taxable gain?

    Tax is calculated upon the taxable gain. Gain and equity are two separate and distinct items. To determine your gain, identify your original purchase price, deduct any depreciation which has been previously reporte ...

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  • 1031 Real Estate Exchanges - The Good And Bad!
    By: Mark Walters | - One of the most powerful tools in a real estate investor's bag of tricks is the 1031 Exchange. When used properly it can defer the tax on capitals gains almost indefinitely.

    A 1030 Exchange is really very simple. You don't actually have to trade one property for other... you just must use the gain from the sale of a income producing property to buy another income producing property. There are a few simple rules you must follow. One rule is that you have to complete the transact ...

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