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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.
The gain on the sale of the property goes untaxed as long as it is reinvested. Biden said he would get rid of 1031 exchanges on the 2020 campaign trail and instead expand funding for the care economy. But that elimination has yet to happen.
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,
An investor is not able to do a direct 1031 exchange into a REIT since REIT shares are not considered like kind property by the IRS for the purposes of a 1031 exchange.
Delaware Statutory Trusts allow an investor to utilize a 1031 exchange to acquire a professionally managed, institutional grade asset, which potentially provides monthly income without the headaches of property management and asset management.
By selling their current property and completing a 1031 tax-deferred exchange into a DST, accredited investors can defer capital gains tax and own a fractional interest in a professionally managed single property or portfolio of properties.
The main requirements for a 1031 exchange are: (1) must purchase another like-kind investment property; (2) replacement property must be of equal or greater value; (3) must invest all of the proceeds from the sale (cannot receive any boot); (4) must be the same title holder and taxpayer; (5) must identify new
What Is A DST, And How Does It Work? A DST is a fractional ownership structure that investors can use in a 1031 tax-deferred exchange. Since 2004, when a favorable ruling by the IRS allowed the use of them in 1031 exchanges, DSTs have become an alternative vehicle for investors conducting a tax-deferred exchange.
DSTs can offer many retirement, tax and estate planning options. Passive income, elimination of personal liability, freedom, ability to manage cash flows and wealth transfer are just a few of the opportunities that DSTs can afford investors and their retirement planners.