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1031 Exchange Benefits

√  Defer capital gains taxes

√  Increase investment returns

√  Maximize capital

     

Toll Free: 800-976-1031

info@attorneys1031.com

EXCHANGE BASICS & LIBRARY

 
 
 

No gain or loss is recognized if property held for productive use in a trade or business or for investment is exchanged solely for property of a like kind to be either for productive use in a trade or business or for investment. 

Types of Exchanges:

 

Simultaneous Exchange

The relinquished property and the replacement property are transferred concurrently.  

Delayed Exchange (Also referred to as Deferred or Starker Exchanges)

This is the most common exchange.  The replacement property is identified within 45 days and acquired by the end of the exchange period.  

Reverse Exchange
The replacement property is acquired before disposing of the relinquished property.

Build-To-Suit (Construction) Exchange

The relinquished property is sold in a delayed exchange and then the replacement property is acquired after it has been improved with the exchange funds from the relinquished property. 

Reverse Build-To-Suit Exchange
The Exchangor is allowed to acquire and improve or repair the replacement property prior to transferring the relinquished property.

Categories of Exchanges

 

Personal Property Exchange
Personal property held for investment or used in trade or business can be exchanged only for property that is similar in use or in quality.  Rules can be complex.

(cow ≠ bull, tractor ≠ bulldozer, AM Radio Frequency = FM Radio Frequency).

Real Property Exchange

All types of real property are generally considered like-kind to other types of real property.

(vacant land = office building). 

Mixed Use Property Exchange

When Exchangors are seeking to exchange property having both real and personal property components, allocation must be made to each category and relinquished personal property must be matched up with like-kind replacement personal property.  

 

 

DOWNLOADS

 

Download the entire "Tax Deferred Exchange Basics" booklet or select individual topics.

 

Topics

  1. Our Pledge to You

  2. Tax Deferred Exchange Overview

  3. Section 1031 Tax Deferred Exchange Glossary

  4. Why You Need a Qualified Intermediary

  5. The Deferred Exchange Process

  6. How to Determine What Type of Property Qualifies For a §1013 Exchange

  7. Boot

  8. What is Like-Kind Property

  9. The Delayed Exchange

  10. Vesting Issues & Entity Structures

  11. Exchanging With a Related Party

  12. Expenses Paid in Connection With Your Tax Deferred Exchange

  13. Reverse Exchange

  14. Other Exchange Issues

  15. Exchange Addendum to Contract of Sale

Download our "Pamphlet".