1031 Exchange Qualifications in North Carolina 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.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.
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.
As such, the process is uniformly recognized across all 50 states and DC. Through a state-to-state 1031 exchange, you could sell (relinquish) a property in one state, acquire (replace) a property in another, and reap the potential tax deferral benefits of a 1031 exchange.
In an IRC §1031 transaction, you can exchange real property for virtually any other real property in the United States, as long as the property is held for productive use in a trade or business or for investment purposes.
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.
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.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.