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Convert A 1031 Tax-Free Exchange Property Into Your Primary Residence

Best Mortgage Re There are currently some 15 million Americans who own real estate investment property, and more and more of them are discovering the advantages of using 1031 tax-free exchanges for deferring capital gains taxes when they sell. A 1031 exchange is a provision in the IRS code that permits investment property owners to sell properties and buy new ones without having to pay taxes on the sale of the old properties, assuming stipulations concerning the use of the proceeds and time limits have been met.

As a real estate investor, you probably are aware of the advantages of a 1031 exchange over outright sale of a property. An exchange defers your capital gains taxes, keeps your money working for you, and helps to build equity and maximize your returns. But 1031 exchanges are allowed not only for the good of the investor; by allowing investors to move their capital to the most advantageous investments, section 1031 stimulates the U.S. economy.

Mortgage Re Investors have 45 days following the sale of their old properties to find a new one and to comply with particular written notice provisions, as outlined by the IRS. The purchase of the new property must then close within 180 days. If those provisions are met, the investor will pay no federal income taxes on the property, assuming the new property is an investment like the one just sold. The replacement property must be of equal or greater value.

You don't have to apply this additional limit if you converted rental property to a personal residence during the year. You also don't have to apply it if you converted a personal residence to a rental during the year and you rented or tried to rent it out for at least 12 months, or if you would have rented it for at least 12 months except that you sold or exchanged the property before the 12 months were up.

Bad Credit Mortgage Re Uk The property can be multiple houses, farms, or other real estate, but it can't be the investor's principle residence. The IRS prohibits using a 1031 exchange for the purchase of a new home. However, there is an exception to that rule. If the investor rents out a home for two years following the exchange, that house can then be converted to the investor's place of residence, since the home was initially used to fulfill the stipulations of a 1031 exchange, which specify that an investment house must be replaced with another investment house.

The reasoning behind the prohibition of 1031 exchanges involving property in a foreign nation is clear, but things become a bit more hazy when you consider U.S. territories such as Puerto Rico, Guam, or the U.S. Virgin Islands. You are in fact permitted to make an exchange on a property in one of these territories, but it is essential to be cautious when making a transaction of this sort.

French Mortgage Re If an investor chooses to take that route, after five years from the date of the new home's purchase, that home can then be sold and the taxes excluded, due to an IRS exclusion for the sale of a primary residence, which can be $500,000 for married couples and $250,000 for an individual.

If 1031 exchanges are limited to the U.S. so that the economy will benefit and the IRS will be able to collect capital gains taxes in the future, then you may be wondering what rules apply to U.S. territories such as Guam, the U.S. Virgin Islands, and Puerto Rico. In private letter rulings, kind in an exchange with a U.S. producing, kind exchange, which merely state that the property must be held for your trade or business or as an investment.

Mortgage Re Uk Mortgages This can be a great way to avoid taxes on a significant amount of profit from investment in houses, but you'll want to make certain you have followed the tax code meticulously. If you want to learn more about 1031 tax-free exchanges, you can visit http://www.irs.gov and consult with your own tax consultant, accountant, or attorney. It could save you thousands of dollars while you're moving up the ladder in your overall real estate investment strategy.

Posted by Taxemous Exchangemous on September 4, 30pm. Previous Post View Blog Posts Section 1031 of U.S. tax code is based on the idea of a mutually beneficial relationship between the real estate investor and the U.S. economy as a whole. 1031 exchanges allow investors to put their capital to work in the most advantageous ways possible, which in turn stimulates the economy by creating more jobs and greater opportunity in the U.S. This is one major reason why 1031 exchanges cannot occur outside of U.S. territory. In addition, a tax deferment means that the IRS will want to collect your capital gains taxes in the event that you someday sell your replacement property, and it can be very difficult for them to collect taxes on the sale of foreign property.

Mortgage Re Uk Mortgage Copyright © 2006 Jeanette J. Fisher

Catalogue: Finance | Real Estate
Title: Convert A 1031 Tax-Free Exchange Property Into Your Primary Residence By: Jeanette Joy Fisher

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