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The Final Regulations of Section 1031 and Potential Tax Implications

The Final Regulations of Section 1031 and Potential Tax Implications

Like-kind real estate exchanges, or 1031 exchanges, have been an integral part of real estate investment for many years, dating back to the Revenue Act of 1921. While the 1031 exchanges rules have evolved over the years, the core purpose has remained the same –allowing real estate investors to defer capital gains that occur when one property is sold for a gain and replaces by a more expensive or similar property.

Under current guidelines, real property can be exchanged as long as it is “held for productive use in trade or business or for investment.” Real property like-kind exchanges can include rental housing, commercial buildings, land, retail properties and more. As the 2021 tax season draws closer with the year-end rush, reporting 1031 exchanges is crucial. A 1031 exchange must be reported in the tax year initiated, not the year completed. If the 1031 is not completed by year end, you cannot file your tax return until the exchange is completed, which means you may have to go on extension.

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