You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States. For example, an investment property in the Cayman Islands can be exchanged for rental property in the Cayman Islands or for investment property in New Zealand.
It allows taxpayers to defer paying income taxes on the sale of property if the proceeds are reinvested in a similar kind of property.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
If during the current tax year you transferred property to another party in a like-kind exchange, you must file Form 8824 with your tax return for that year. Also file Form 8824 for the 2 years following the year of a related party exchange. See Line 7, later, for details. Section 1031 regulations.
Here are examples of properties ineligible for a 1031 exchange: Primary residences: A 1031 exchange is specifically intended for investment or business properties. Personal properties are not eligible. Vacation homes: Vacation homes generally do not qualify if used for personal reasons.
Since 1991, IRC § 1031 has required the use of an impartial third party to hold the proceeds from the Relinquished Property sale until the close on the Replacement Property. This third party is known as a qualified intermediary.
1031 Exchange Qualifications in California Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031.
The IRS statute requires that you use a qualified intermediary (QI) to perform your 1031 exchange. While it is possible for an attorney to provide this service, it doesn't have to be an attorney and it can't be an attorney you have utilized for any other matters.
Understanding the intricate details of a 1031 exchange should be accomplished using a “Qualified Intermediary” which is a professional third-party company that accommodates the exchange process and helps you avoid making any critical mistakes that could jeopardize your tax-advantaged sale.