Pennsylvania Tax Free Exchange Agreement Section 1031
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How to fill out Tax Free Exchange Agreement Section 1031?
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FAQ
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.
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,
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.
As we begin 2019, Pennsylvania is still the only state that does not fully recognize I.R.C. Section 1031 tax deferred exchanges because it does not follow federal taxation principles for its Personal Income Tax (PIT).
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).
PA has long been one of the few states that does not recognize 1031 exchanges or have a similar provision to allow the deferral of state income tax on the exchange of assets held for business use or investment. As you know, a 1031 exchange is a strategy allowed under Internal Revenue Code Section 1031.
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.
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.
Pennsylvania makes no provision for capital gains. There are no provisions for long-term and short-term gains. Losses are recognized only in the year in which some identifiable event closes and completes the transaction and fixes the amount of loss so there is no possibility of any recovery.
Generally, the gain on the sale of a principal residence occurring on or after Jan. 1, 1998 is exempt from Pennsylvania personal income tax. Likewise, no loss may be taken because such a transaction is not entered into for profit or gain.