Internal Revenue Code 1031
Section 1031 of the Internal Revenue Code discusses tax deferred exchanges.
Intermediary
An entity recognized by the IRS to act as the ‘middleman’ in a 1031 exchange. The intermediary receives funds from the relinquished property, disburses funds for the replacement property, and coordinates all paperwork
IRC Section 1031
IRC Section 1031 (a)(1) states: “No gain or loss shall be recognized on the exchange of real property held for productive use in a trade or business or for investment, if such real property is exchanged solely for real property…
1031 Exchange Rules
- Property must be like-kind real estate
- Real estate must be used for investment or business, and not be considered stock in trade or personal property
- Property replaced must be of equal or greater value to the property being relinquished
- Boot must not be received by the seller
- Title of the relinquished property and the replacement property must be in the same taxpayer name
- Replacement property must be identified within 45 days of closing on the sale of the relinquished property
- Replacement property must be purchased within 180 days of closing on the sale of the relinquished property.
