1031 exchange, otherwise known as a tax deferred exchange is a simple
strategy and method for selling one property, that's qualified, and then
proceeding with an acquisition of another property (also qualified)
within a specific time frame. The logistics and process of selling a
property and then buying another property are practically identical to
any standardized sale and buying situation, a "1031 exchange" is unique
because the entire transaction is treated as an exchange and not just as
a simple sale. It is this difference between "exchanging" and not
simply buying and selling which, in the end, allows the taxpayer(s) to
qualify for a deferred gain treatment. So to say it in simple terms,
sales are taxable with the IRS and 1031 exchanges are not. US CODE:
Title 26, §1031. Exchange of Property Held for Productive Use or
Investment
Due to the fact that exchanging, a property, represents an
IRS-recognized approach to the deferral of capital gain taxes, it is
very important for you to understand the components involved and the
actual intent underlying such a tax deferred transaction. It is within
the Section 1031 of the Internal Revenue Code that we can find the
appropriate tax code necessary for a successful exchange. We would like
to point out that it is within the Like-Kind Exchange Regulations,
issued by the US Department of the Treasury, that we find the specific
interpretation of the IRS and the generally accepted standards of
practice, rules and compliance for completing a successful qualifying
transaction. Within this web site we will be identifying these IRS
rules, guidelines and requirements of a 1031. It is very important to
note that the Regulations are not just simply the law, but a reflection
of the interpretation of the (Section 1031) by the IRS.
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