The West Virginia Exchange Addendum to Contract — Tax Free Exchange Section 1031 is a legal document that is used in real estate transactions to facilitate a tax-free exchange of properties under Section 1031 of the Internal Revenue Code. This addendum is specific to real estate transactions taking place in the state of West Virginia. The purpose of this addendum is to outline the terms and conditions of a tax-free exchange between the buyer and seller involved in the transaction. It ensures that both parties are aware and in agreement with the requirements and implications of a Section 1031 exchange. Section 1031 of the Internal Revenue Code allows for the deferral of capital gains taxes that would normally be incurred when selling an investment property. By engaging in a like-kind exchange, where the proceeds from the sale are reinvested in a similar investment property, the seller can defer these taxes until a later date or indefinitely. The West Virginia Exchange Addendum to Contract — Tax Free Exchange Section 1031 typically contains the following key provisions: 1. Identification of the properties involved: This addendum identifies the properties being exchanged, including their legal descriptions and any other relevant details. 2. Exchange timeline: It outlines the timeline for completing the exchange, including the identification period and the closing period. Section 1031 requires strict adherence to these deadlines. 3. Exchange expenses: The addendum specifies which party will be responsible for the expenses associated with the exchange, such as title insurance, escrow fees, and any necessary coordination with qualified intermediaries. 4. Seller representations: The seller acknowledges that they are entering into a Section 1031 exchange and confirms that they are the legal owner of the property. 5. Buyer representations: The buyer acknowledges that they are aware of the seller's intention to engage in a tax-free exchange and agrees to cooperate with the necessary requirements for the exchange. It is important to note that while there may be different versions of the West Virginia Exchange Addendum to Contract — Tax Free Exchange Section 1031, the variations usually pertain to minor formatting or language differences, rather than substantive content changes. The purpose and main provisions of the addendum will likely remain consistent across different versions.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.