What property qualifies for 1031 treatment?
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 IRC §1031, the following properties do not qualify for tax-deferred exchange treatment: Stock in trade or other property held primarily for sale (i.e. property held by a developer, “flipper” or other dealer) Securities or other evidences of indebtedness or interest. Stocks, bonds, or notes.
Can you 1031 land into a house?
Qualified Use
Vacant land held for sale is not eligible for a 1031 exchange. For example, buying a property to do improvements and then selling at a higher price (property flipping). Vacant land also cannot be used to build the taxpayer’s primary residence.
Is Section 1031 mandatory?
An Internal Revenue Code Section 1031 (“Section 1031”) exchange allows for the deferral of gain on the exchange solely of like-kind property which is held either for productive use in a trade or business or for investment. If the transaction meets the criteria under Section 1031, gain deferral is mandatory.
Can a 1031 exchange be done between family members?
Doing a 1031 exchange with an immediate family member raises red flags with the IRS. Tax-deferred exchanges between family members are allowed, but the IRS has specific rules to qualify and avoid abuse of the system by tax evaders.
Can I move into my rental property to avoid capital gains tax?
If you’re facing a large tax bill because of the non-qualifying use portion of your property, you can defer paying taxes by completing a 1031 exchange into another investment property. This permits you to defer recognition of any taxable gain that would trigger depreciation recapture and capital gains taxes.
Is the 1031 exchange going away?
The administration has proposed an effective date for the limited 1031 deferral provision to be for exchanges completed in tax years after December 31, 2021.
Is there an alternative to 1031 exchange?
Qualified Opportunity Zone Funds, allowed under the Tax Cuts and Jobs Act of 2017, are an alternative to 1031 exchange investing that offers similar benefits, including tax deferral and elimination. … This fund option also works if you are selling other appreciated assets, like stocks or businesses.
What qualifies as like-kind property?
Properties are of like-kind if they’re of the same nature or character, even if they differ in grade or quality. Real properties generally are of like-kind, regardless of whether they’re improved or unimproved. For example, an apartment building would generally be like-kind to another apartment building.