Virginia Exchange Addendum to Contract - Tax Free Exchange Section 1031

State:
Multi-State
Control #:
US-00472F
Format:
Word; 
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Description

This form is used when there is a tax free exchange proposed for buyer or seller.
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FAQ

Section 1031 is a federal tax code, so it is recognized in all states, so you can exchange from state to state.

Notes and the 1031 ExchangeThough a contract sale can be incorporated in an exchange, it may not be possible to accomplish this goal all the time. In order for a note to be used in an exchange, you, the Exchangor, must not have actual or constructive receipt of the note.

Internal Revenue Code Section 1031 allows individuals and entities to exchange investment property or other property that is held for productive use in a business or trade but not primarily for sale.

The short answer to this is yes. Because Section 1031 is a federal tax code, it is technically recognized in all states.

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,

Section 1031 of the Internal Revenue Code allows taxpayers to enter into an exchange of property instead of a traditional sale in order to defer the payment of capital gains taxes that would otherwise be due.

As mentioned, a 1031 exchange is reserved for property held for productive use in a trade or business or for investment. This means that any real property held for investment purposes can qualify for 1031 treatment, such as an apartment building, a vacant lot, a commercial building, or even a single-family residence.

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.

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Virginia Exchange Addendum to Contract - Tax Free Exchange Section 1031