Internal Revenue Code (IRC) Section 1031 provides savvy investors a means for deferring capital gains tax when selling investment properties.

Tax deferred exchanges have been a part of the tax code since 1921 and are one of the last significant tax advantages remaining for real estate investors.  Exchanges empower investors to sell business or investment property without incurring a capital gains tax liability, thereby allowing the earning power of the deferred taxes to work for the benefit of the investor instead of the government.  In essence, it can be considered an interest-free loan from the IRS.


The IRS allows up to 180 days between the sale of the relinquished property and the purchase of the replacement property.  Within the 180 day "exchange period," the investor must also properly identify suitable replacement properties no more than 45 days after closing on the sale of the relinquished property.

There are a number of requirements which must be met to qualify for tax deferral under the tax code.  It is essential that the transactions be handled by knowledgeable professionals and that all of the "front end" sales proceeds are held in escrow by a "qualified intermediary" pending identification and purchase of replacement property.

The Law Firm of Walt Fair, PLLC and its affiliate, Central Escrow Services, in its role as Qualified Intermediary, provides the experience, expertise, and security that are important in exchange transactions.


 

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