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[I516]Is A 1031 Exchange
by Adrienne Rockwell, Adr

People purchase investment properties in order to make a profit. Most people realize this. However, a great deal of annoyed surprise may appear on the faces of those that discover an issue known as a capital gains tax. For those not familiar with what a capital gains tax may be, it is a tax on profits of an investment. In some instances, the volume of the tax can be enormous. It is not uncommon for capital gains taxes to be upwards of 35%. So, if a homeowner were to sell a home that was purchased for $400,000 and sold for $500,000, the capital gains tax could be $35,000. Needless to say, this is a significant fee to pay. In fact, it is so significant of a tax people may opt to not sell their properties. This can create a number of problems in the marketplace because many property owners will opt not to sell. This is why a 1031 Exchange is so popular. It opens to door to avoid capital gains tax and put forth further sales in the marketplace.

So, what exactly is a 1031 Exchange? This refers to Section 1031 of the IRS code that the any sale of an investment or real estate property that is used for business, commerce, or trade purposes can avoid having to pay the capital gains tax provided the owner purchases a similar property. In other words, if someone sells the property used for running a business and takes the money to buy another business property, paying the capital gains tax may be deferred until the sale of that next property instead of paying it now.

Why is the 1031 Exchange so important for commerce and the economy? When there are impediments for the growth of a business, then the private sector of the economy can suffer. If the capital gains tax on the sale of a business is so restrictive, then many would opt not to sell. They could simply close down operations of the business and then sit on the property until the capital gains tax is lowered.

Also, the waiving of the capital gains tax creates an incentive for a business owner to stay in business. The economy certainly benefits when businesses stay operational since they are a source of jobs for the local community. Also, they are a source of tax revenue (income, sales, property, etc) which helps fund state, local, and federal services. That is why it is beneficial to provide financial incentives for the business to stay operational in one form or another. The 1031 Exchange provides a strong basis for this incentive.

It is necessary to point out that the window of opportunity to purchase a new business property is not open-ended. There is a 45 day limit on when the new property can be purchased. Once that 45 day window expires, then the benefit one could acquire from the 1031 Exchange will be lost. This is why time is of the proverbial essence when looking to take advantage of the 1031 Exchange.


? Property Management Problems - If you've lost the taste for property management, would another location really change anything? Try hiring a manager. After all, tenant / landlord problems exist everywhere?even with higher priced properties.

? Tax Solutions - It's true that you can defer your payment of Capital Gain Taxes when you exchange some properties. But if the new property costs as much as the one you sold, then you'll probably see a property tax hike.

? Income Solutions - A powerful ?grass is greener? temptation is when you start thinking one property will produce more cash than another. It's true that some will, but ask yourself why you're having problems now. Is it the property or the management? Lower tax rates and lower maintenance costs, are sometimes good reasons for a 1031 exchange. But if maintenance costs are high because of negligence, you'll find yourself with the same problem (lacking a paddle) in a new creek.

? Low Adjusted Basis - If you have a low adjusted basis, without a high debt, a 1031 exchange will just carry your benefits over to the new property. It might just be a waste of your time.

? Credit Problems - If the 1013 exchange involves a mortgage loan, bad credit can bring high interest rates or a set of less desireable terms. Not to mention two sets of closing fees. In the end, your cost goes up.

After all that, remember the investment you make in any transaction. Your time. Are you wasting it and what is the risk? 1031 exchanges require a sale and a purchase (with all the money changing finalized) in a specified time period. What happens if there's a hold up on a loan? How easy will it be to sell your property? How easy will it be to find a replacement? If you already have your eye on something, are you sure it'll still be available when it comes time to buy?

The benefits of a 1031 exchange cover a well defined area and the lawn clippings look fresh and green. But if you fall outside of that area, a jump over the fence might only lead to a field of dead weeds.

Copyright 2006 YourLenderForLife.com
Article Source : Pg. 174

About Author
Both Adrienne Rockwell & Keith John Gill are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Adrienne Rockwell has sinced written about articles on various topics from Ideas for Remodeling, Van Insurance and Finances. If you're looking for , be sure to visit
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