Avoid Capital Gains Taxes: 1031 Like-Kind Exchange, Reverse Exchange, Construction Exchange, & Simultaneous Exchange for Real Estate | Explained
If you intend to use the proceeds from the sale of business or investment real estate to buy more business or investment real estate, rather than paying federal capital gains taxes immediately, consider reinvesting in another real estate asset instead. Making an outright sale of appreciated business or investment real estate instead of doing an exchange, will result in a current tax hit. A 1031 exchange is sometimes referred to as a Starker Exchange or a tax-deferred exchange because you won't pay taxes on the sale until you eventually sell your newly acquired real estate asset.
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00:00 - Use a 1031 exchange to avoid capital gains taxes
01:07 - 1031 Exchange is a good way to transfer wealth
01:36 - The future of the 1031 exchange
02:32 - Types of 1031 exchanges
02:47 - What to know about 1031 exchanges
06:25 - Forward or Delayed 1031 Exchange
07:25 - Reverse 1031 Exchange
10:18 - Construction 1031 Exchange
12:28 - Simultaneous 1031 Exchange
TRANSCRIPT:
As of 2023, a 1031 like-kind exchange is still a good way to temporarily avoid capital gains taxes and defer depreciation recapture when you sell business or investment real estate. If you sell your newly acquired real estate asset and do another 1031 like-kind exchange, you will continue to defer capital gains taxes and depreciation recapture. There is no limit to how many times you can do a 1031 exchange. So, you can keep exchanging one real estate asset for another to delay paying taxes. You are simply deferring and not eliminating your taxes on the sale. Eventually, you will have to pay taxes on the sale but it's still a good way to grow your wealth without losing money in taxes on each transaction.
It's also a good way to transfer wealth because when your beneficiaries inherit real estate that you used in a 1031 like-kind exchange, they won't pay taxes on it until they sell it. The best benefit for beneficiaries is that when they finally sell your real estate, they will only be liable for capital gains tax on the difference between the final selling price of the real estate and the fair market value of the real estate at the time of your death. If you want to know a little more about how this would work for your beneficiaries, please click on the link to the video that popped up above.
We really don’t know how much longer the full benefit of a 1031 exchange will last because President Biden has proposed tax reform that will limit deferred tax payments on gains over $500,000. If Congress does adopt the proposal, section 1031 will be a less effective tax strategy. Please always be sure to check to make sure that you are following the latest regulations before you set out to do a 1031 like-kind exchange.
There are four types of 1031 exchanges. A forward or delayed exchange, a reverse exchange, a Build-to-Suit or construction exchange, and a simultaneous exchange.
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