In order to take full advantage of the 1031 exchange a foreign seller should plan in advance of their sale, and consult with their tax, legal, and financial advisors to qualify for an exception to the withholding requirement.
While foreign property is not of a like kind with domestic property, foreign properties are considered like-kind with one another. You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
How to Do a 1031 Exchange Choose a qualified intermediary to coordinate the exchange. Sell your current real estate property. You have 45 days to identify potential replacement properties. You have 180 days to close on a replacement property. File IRS Form 8824.
Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange. For line-by-line instructions on how to complete form, download the instructions here.
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.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
Pennsylvania Does Not Recognize 1031 Tax Deferrals Yes, that's right – Pennsylvania has long been the sole hold-out among all our states to not recognize 1031 tax deferral benefits. When a business property is sold in Pennsylvania, a tax is generally owed.
A Qualified Intermediary, or QI, is an independent third party to the transaction whose function is to prepare the documents necessary to create the exchange, as well as to act as the independent escrow agent for the exchange funds.
It allows taxpayers to defer paying income taxes on the sale of property if the proceeds are reinvested in a similar kind of property.
Real property located in the United States and real property located outside the United States are not property of a like kind. This means that you cannot perform a 1031 exchange between a U.S. property and a non-U.S. property.