What is a 1031 Exchange?
For investors, a 1031 Exchange may provide an effective tax strategy for tax deferral as part of succession and estate planning. Internal Revenue Code Section 1031 provides that “No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment”
Defer Capital Gains
Section 1031 of the Internal Revenue Code provides an effective strategy for deferring the capital gains tax that may arise from the sale of your business / investment property.
By exchanging the property for like-kind real estate, property owners may defer their tax and use all of the sale proceeds for the purchase of replacement property.
Like-kind real estate includes business/ investment property, but excludes any personal use property.
EXAMPLES OF LIKE-KIND PROPERTIES
RETAIL CENTERS -
DUPLEXES AND TRIPLEXES
RENTAL RESORT PROPERTY
HOTELS AND MOTELS
DELAWARE STATUTORY TRUST (DST) INTERESTS
NEW YORK COOPERATIVES
TENANCY-IN-COMMON (TIC) INTERESTS
- Tax Deferal: A properly executed 1031 Exchange may allow investors to defer State and Federal income taxation upon the sale of appreciated real estate, thereby preserving equity and potentially maximizing total return.
- Ongoing Tax Benefits: A portion of monthly income may be offset by depreciation.
- Increased Cash Flow: Investors seeking more current income can 1031 exchange from non-income producing or under-performing assets into one or more high-quality properties that may generate monthly income.
- Capital Appreciation: Growth in the overall value of real estate holdings is necessary to overcome the effects of inflation. A 1031 Exchange may provide investors the opportunity to allocate their capital into assets that may increase the potential for appreciation.
- Diversification: A tax-deferred 1031 Exchange can be a powerful tool to realize investment diversification, which may be achieved by: diversification in geographic region (multiple properties in multiple states); asset class (office, industrial, retail, multifamily); tenant industry and creditworthiness; capitalization structure (debt vs. equity); and/or ownership structure (fee simple vs. leasehold and severalty vs. co-ownership).
- Passive Investment: One of the positive attributes of a 1031 Exchange for many investors is the ability to relinquish their ongoing property management responsibilities while still maintaining the potential for stable, monthly income from investment real estate.
- Institutional Quality: Fractionalized real estate investments, structured as a 1031 Delaware Statutory Trust (DST), may offer investors the opportunity to own a partial interest in a higher quality asset than they could obtain individually. For example, investors may Exchange from raw land or residential rentals into large, Class A properties with credit tenants, professional management, and long-term appreciation potential.