Like Kind Exchange Rules Solutions| 1031 Like Kind Exchange And Tenants In Common

1031 Like Kind Exchange Explained

Internal Revenue Code provides that no gain or loss shall be recognized on the exchange of income property is held for productive use in a trade or business, or for investment. A tax-deferred exchange is a method by which a property investors trades one or more relinquished income properties for one or more replacement income properties of like-kind. Such an exchange allows the issuer to defer the payment of federal income taxes and some state taxes on the transaction.

The theory behind internal revenue code is to allow the property investors to reinvest the sale proceeds into another income property, foregoing any economic gains that may have been realized from the sale. If you have recently sold, or are thinking of selling income property, we can assist in matching you with a qualified 1031 like kind expert. A 1031 like kind expert can help you explore your 1031 like kind exchange options. Contact us today for a free consultation.

1031 Like Kind Exchange Rules

1031 Identification Rules

All 1031 like kind exchanges must comply with one of the following rules:

The Three-Income Property Rule - exchangers must identify up to, but no more than three potential replacement income properties during the acquisition period.

The 200% Rule - Stipulates that the aggregate value of all replacement income properties in the exchange must not exceed 200% of the value of the relinquished income property at the time of sale.

The 95% Exception - Finally, the 95% rule stipulates that the aggregate value of all like kind replacement income properties must account for at least 95% of the value of the relinquished income property at the time of sale in order for the exchange to qualify. This rule applies only if rules 1 and 2 are invalid.

Contact us for a free consultation with a 1031 like kind expert.

1031 Like Kind Exchange Requirement

First 1031 Like Kind Exchange Requirement: exchanger Must Reinvest 100% of Proceeds: All cash or other proceeds received from the sale of the relinquished income property must be used to acquire the replacement income property.

Second Requirement: The amount of equity held in the relinquished income property must be less than or equal to the amount of equity held in the replacement income property. This is to insure no overextension of the assets by the property investor.

Third, each property investor must use a Qualified Intermediary (QI) to oversee the transaction. A QI is a qualified individual that prepares the paperwork, holds all proceeds from the transaction, and provides any technical advise on the exchange process.

Finally, all 1031 like kind exchanges require the exchange of like kind income property for other like kind property. A definition of such may be found in internal revenue code.

For more information on 1031 like kind exchanges or tenants in common exchanges, or to be put in contact with a licensed 1031 like kind expert, contact us today!

Find A 1031 Like Kind Expert

Very often 1031 like kind exchanges can be riddled with a myriad of potential tax and legal pitfalls. For this reason, it is strongly suggested that each property investor elect a licensed 1031 like kind expert to oversee their transaction. This 1031 like kind expert (read registered representative) will be able to facilitate the exchange in a timely manner while watching out for the property investor’s best interests and investment objectives.

A 1031 like kind expert will work with you throughout the exchange process to do all of the following:

1. Develop your investment strategy
2. Determine viable like kind replacement income property for the exchange
3. Answer any questions you may have regarding the exchange process
4. Manage the exchange from start to finish