Thursday, December 14, 2006


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Situation: You want to sell your property, look for a replacement property of a higher value, find a seller later and treat it as a tax-free exchange:
You could sell your property for $150k, park the proceeds with an intermediary, add $50k cash to buy a $200,000 property, identify and close within the alotted time and qualify for a tax-free Section 1031 Exchange if you use a qualified intermediary.To make a tax-free exchange you can assign your sales contract to the intermediary, trade the property to the intermediary with an additional 50K, let the intermediary sell for 150K, instruct the intermediary to purchase the 200K property, and receive the replacement property from the intermediary to complete the trade. If done within the allotted time, that would qualify.

A qualified intermediary is the best way to go (according to the rules to avoid a taxable transaction) unless it is truly an exchange between only 2 parties.

There is NO Income tax if
[1]No cash is taken out of the exchange
[2]There is no net reduction to debt.
References: Publication 544 and Form 8824

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This information is not intended to be advice to the recipient.In compliance with Treasury Department Circular 230, unless stated to the contrary, any Federal Tax advice contained in this Blog was not intended or written to be used and cannot be used for the purposes of avoiding penalties.

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