1031 Exchange Rules in Georgia 1031 Exchanges are federally recognized, and Georgia adheres to federal rules, regulations, and timelines, enabling investors to defer capital gains on qualified property exchanges.
A 1031 exchange agreement is a tax deferral strategy that allows individuals or businesses to sell an investment property and reinvest the proceeds into a like-kind property, without incurring immediate capital gains taxes.
Lack of Liquidity- Exchanging properties continually can tie up funds in real estate, making it hard for an investor to access liquid capital if required. While real estate can be a profitable investment, it's not as liquid as some other assets.
An IRC Section 1031 Exchange (“Exchange”) is a tax benefit that allows investors to defer the capital gains tax normally due on the sale of investment real estate or real estate held for productive use in a trade or business (sometimes as much as a 35% combined rate – state and federal).
A 1031 exchange allows investors to defer capital gains tax on the sale of one investment property by reinvesting the proceeds into another like-kind property. The like-kind exchange must involve real estate properties, not personal property (except in specific cases, such as real estate businesses).
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.
The two-year rule applies to related party exchanges. One reason the two-year period is commonly accepted as adequate is that the IRS specifies a two-year holding period for “related party” exchanges.
States like Florida, Texas, and Nevada are great options for 1031 exchanges due to their lack of state income tax and strong real estate markets. On the other hand, states like California, New York, and Oregon can be less attractive due to their high state income tax rates and strict real estate laws.
Section 1031(f) provides that if a Taxpayer exchanges with a related party then the party who acquired the property in the exchange must hold it for 2 years or the exchange will be disallowed.