All about Capital Gains and 1031s
Primarily, there are two ways of making capital gains quickly and easily on real estate. They are compounding and leveraging. As a result of the application of compound interest in the case of the former, the investment grows exponentially. In the case of the latter, a loan is taken and it is invested such that the rate of return is many times higher than the rate of interest applicable on loan. Although the risks involved in leveraging are quite high, but the returns are also high. 1031 exchange is a unique law that provides you the benefit of both compounding and leveraging. It ensures that your investment in real estate grows by leaps and bounds.
What is 1031 exchange?
1031 is an IRS (Internal Revenue Service) Code that states that if a property is sold off and the money obtained from the sale of real estate is used to buy a like-kind property, then gain or loss is not acknowledged. This law simply defers the taxes that are applicable on the profits made during the sale of real estate. The most important feature of 1031 exchange is that it is a law framed by the U.S. Government. It is not loophole where people tend to take advantage of the convolute technicalities of law. Thus, it is a safe, secure and legitimate way to make capital gains on real estate.
What are the rule and regulations associated with 1031 exchange?
As per the 1031 IRS Code, the transaction should be like-kind that is the asset purchased should be similar to the asset sold. Secondly, the money garnered from the sale of real estate can only be handled by a Qualified Intermediary (QI). Neither you nor your real estate agent can handle this money. QI is basically a professional facilitator whose job is to collect and hold the money until it is used to purchase a like-kind asset. As per the third rule, the value of the replacement property should not be less than value of the property that has been sold off.
Additionally, two timelines are also associated with the law. One is the 45-days identification period during which you have to search, identify and suggest some replacement properties. The second one is 180-days exchange period during which you have to buy the replacement property and complete all the formalities associated with it.
What are the main benefits of 1031 IRS Code?
The taxes applicable on the sale of real estate can be as high as 35 percent. These taxes, on the one hand, can reduce your capital gains considerably, and on the other hand, they can prevent you from buying more profitable real estate. With the help of 1031 exchange, you can not only protect your profit from the havoc of taxes, but you can also buy more lucrative properties. It is one of its kind wealth-building tool that helps you to increase your net-worth significantly. One thing that should be kept in mind while using this law is that it is basically a device to defer taxes. Whenever you decide to sell off your property, the taxes will become applicable on your capital gains.
Some other remarkable benefits of 1031 exchange:
- You can buy replacement properties in different real estate markets of different states.
- Instead of owning and managing many small properties, you can buy a larger property and thereby reduce your ownership liabilities and increase your ownership benefits.
- You can buy a replacement property in a more desirable and profitable location.
- Last, but not the least, you can reduce your property management obligations dramatically by dumping high-maintenance properties and buying real estate that require little or practically no maintenance.
In nutshell, 1031 exchange provides a tremendous opportunity to make capital gains year after year.
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