Kansas Tax Free Exchange Agreement Section 1031

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US-00644
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Description

This is a multi-state form covering the subject matter of: Tax Free Exchange Agreements for Section 1031 of the Internal Revenue Code. This is the same as a simultaneous exchange agreement.
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FAQ

While you can't do a 1031 exchange directly into a personal residence -- exchanges are limited to real property that is held strictly for investment or business purposes -- you can convert an investment property into personal property so long as you follow the IRS' rules to the letter.

Another reason someone would not want to do a 1031 exchange is if they have a loss, since there will be no capital gains to pay taxes on. Or if someone is in the 10% or 12% ordinary income tax bracket, they would not need to do a 1031 exchange because, in that case, they will be taxed at 0% on capital gains.

Kansas Farmland 1031 ExchangeA 1031 Exchange can provide a tax savings opportunity for Kansas Farmland and Ranch owners. Sellers of agricultural land, farms and ranches can benefit from tax deferral under Internal Revenue Code Section 1031.

Tom: The short answer is yes. Section 1031 is a federal tax code, so it is recognized in all states, so you can exchange from state to state. We regularly are dealing with transactions from our home state of Oregon and into California, Washington, and vice versa.

Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free. The exchange can include like-kind property exclusively or it can include like-kind property along with cash, liabilities and property that are not like-kind.

Under the Tax Cuts and Jobs Act, Section 1031 now applies only to exchanges of real property and not to exchanges of personal or intangible property. An exchange of real property held primarily for sale still does not qualify as a like-kind exchange.

There are also states that have withholding requirements if the seller of a piece of property in these states is a non-resident of any of the following states: California, Colorado, Hawaii, Georgia, Maryland, New Jersey, Mississippi, New York, North Carolina, Oregon, West Virginia, Maine, South Carolina, Rhode Island,

Potential Drawbacks of a 1031 DST Exchange1031 DST investors give up control.The 1031 DST properties are illiquid.Costs, fees and charges.You must be an accredited investor.You cannot raise new capital in a 1031 DST.Small offering size.DSTs must adhere to strict prohibitions.

Any rental property sold by those who qualify in accordance with IRS rules as real estate professionals is not considered passive and thus will not be counted as net investment income. The gain deferred in a 1031 exchange is not included in your Adjusted Gross income (AGI) or Net Investment Income (NII).

A 1031 exchange allows you to sell one investment or business property and buy another without incurring capital gains taxes as long as the exchange is completed according to IRS rules and the new property is of the same nature or character (like kind).

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Kansas Tax Free Exchange Agreement Section 1031