Property Exchange Agreement Form In Philadelphia
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FAQ
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.
Investors talk about two-year and five-year rules related to 1031 exchanges, but are these actual rules? In fact, there is no minimum holding period for a 1031 exchange property. However, the IRS and many advisors recommend holding it for at least two years to avoid scrutiny.
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.
The property must be a business or investment property, which means that it can't be personal property. Your home won't qualify for a 1031 exchange. However, a single-family rental property that you own could be exchanged for commercial rental property.
While an investor can choose which property to sell (exchange) and identify replacement properties, the investor/taxpayer may not control or have access to the funds in between those two events. For that reason, the use of a qualified intermediary is necessary.
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.
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.
A 1031 exchange does not obviate the need for a realtor. Quite to the contrary, in most cases an Exchanger has an even greater need for a realtor due to the time constraints placed on Exchangers.