Taxpayers planning to sell, purchase, or construct real property should review the
possibility of conducting an Internal Revenue Code Section 1031 like-kind exchange to defer the
incurrence of federal and general state income taxes on the capital gain. To qualify, property
owners must exchange real or personal property (relinquished property) for other property of a
like-kind (replacement property)....
The typical way to identify a property is to notify your intermediary in writing of the properties you
want to acquire. At this point, you don't need to have a contract to buy any of the properties.
However, to defer your taxes on your gain, you must be specific about each piece of property you
identify and the property you buy must come from this list....
A Build-To-Suite Exchange - also referred to as a construction or improvement
like-kind exchange transaction - allows the taxpayer to build, construct, or make
capital improvements to a property before acquiring it as a replacement property.
The taxpayer may use the exchange proceeds from the relinquished property to
fund the construction or build-out, provided you follow the necessary 1031
exchange guidelines....
By structuring a Reverse 1031 Exchange transaction, you can acquire your likekind
replacement property before you sell your relinquished property. This tax
planning strategy is particularly beneficial in markets where property demand is
high and inventory low....
Your client has just sold an investment property with the intent of
completing a tax-deferred like-kind exchange. The proceeds have been
placed with a reliable accommodator. You want to continue to work with
this client to find a suitable replacement property. Good properties are in
short supply, but you've heard of a product called "tenant-in-common
interest" (TIC) that can qualify as a replacement property. Should you enter
that marketplace? Is it the right product for your client?...
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