What is a 1032 exchange?
Section 1032 of the Internal Revenue Code (“1032 Exchange“) provides that no gain or loss shall be recognized to a corporation on the receipt of money or other property in exchange for stock (including treasury stock) of such corporation.
What is Title 13 of the United States code?
People sworn to uphold Title 13 are legally required to maintain the confidentiality of your data. Every person with access to your data is sworn for life to protect your information and understands that the penalties for violating this law are applicable for a lifetime. Violating the law is a serious federal crime.
What property qualifies for a 1031 exchange?
As mentioned, a 1031 exchange is reserved for property held for productive use in a trade or business or for investment. This means that any real property held for investment purposes can qualify for 1031 treatment, such as an apartment building, a vacant lot, a commercial building, or even a single-family residence.
Which type of property does not qualify for 1031 exchange?
Under the Tax Cuts and Jobs Act, Section 1031 now applies only to exchanges of real property and not to exchanges of personal or intangible property. An exchange of real property held primarily for sale still does not qualify as a like-kind exchange.
How to identify 1031 exchange?
$100,000 in a multifamily apartment DST property located in Denver
What’s behind IRC Section 1031 exchanges?
Section 1031 (a) of the Internal Revenue Code ( 26 U.S.C. § 1031) states the recognition rules for realized gains (or losses) that arise as a result of an exchange of like-kind property held for productive use in trade or business or for investment. It states that none of the realized gain or loss will be recognized at the time of the exchange.
Can I take cash out of my 1031 exchange?
Yes, you can take cash out but often at a price, i.e. taxable boot received. A boot in a 1031 exchange is money or the fair market value of other non-like kind property received by you in an exchange. Its receipt may trigger capital gains, depreciation recapture, state, and alternative minimum taxes.
What is Section 1031 of the tax code?
Under Section 1031 of the United States Internal Revenue Code ( 26 U.S.C. § 1031 ), a taxpayer may defer recognition of capital gains and related federal income tax liability on the exchange of certain types of property, a process known as a 1031 exchange.