Important Facts About 1031 Exchange
One of the major rules in 1031 tax exchange is that the name of the tax payer must appear on the property of which it will be used for identification. Normally the owner of the property is suppose to have the title deed as proof during the time that he is the one who will be filing the taxes. Another thing with this is that he should take full charge of the property. In some situations we also have companies that are owned by an individual who can also liaise with the property owner to buy the property and act on the full capacity of the property.
Another 1031 exchange rule is known as the replacement rule. One thing with the replacement rule is that it is only functional within one hundred and eighty days after closing of the first property. After closing of the first property and the extension of the exchangers return the first property is suppose to be sold and exchanged with the second property.
Apart from that post closing of the first property can be done within a period of 45 days. You can use this period to identify either the accommodator or closing the entity address of the likely replacement of the first property. In addition to that, the entity will still be given forty-five days to submit the property for sale or purchase in cases where the replacement or relinquished property is packed. Three party rules allows for the selection of three property not considering their values. On the other hand, we also have two hundred percent rule which can identify four or more property as long as the transaction does not pass two hundred percent of the property that has been sold. To conclude on this rule we have exemption rule which allows for the ninety-five percent of what is identified to be bought if its value of the item sold exceeds two hundred percent.
In addition, there is also trading up. The first thing is that the net market value and the equity of the property must be equal to or greater than the replacement property to push forward one hundred percent of the tax on the difference. It also requires for the exchange to pay the tax on that difference. This difference is enough to tell you that equity and debt are not same.
1031 exchange also takes some time to determine important things since they don’t have hold time. Some of the necessities will include determining whether the equipment was acquired immediately before the exchange time and others as well.
You should also know that 1031 exchange is not for personal use but for investment and business property. On that note you will remain in your residence without swapping.