One of the lucrative
considerations for helping investors sell off their appreciated investment
properties including a farm or a ranch is the IRC 1031 Exchange. While there
are several benefits to the 1031 Tax Deferred Exchange it basically helps to
accomplish two positive outcomes which are –
Ø Deferring
the capital gains tax arising from the sale of a farm or a ranch or any
investment property falling within the ambit of the 1031 Exchange Code;
Ø Preserving
the equity held in the property and making money from its reinvestment
. But
in order to reap the benefits of this section it is necessary to know the first
step to initiate the process. The first step is crucial to get the wheels
rolling and the rest of it gets accomplished in due course of time.
First step in a 1031 Exchange
Irrespective of the status and
complication of selling a Farm or Ranch in Montana, it is highly recommended to
discuss the matter with a tax consultant or a legal advisor. Search for a
reliable asset management company or a professional consultant and seek for an
initial consultation before deciding to close on the relinquished property. To
start with preparing the exchange documents the following information is
required –
· Name, address and contact details of the
exchanger.
· Name, address and contact details of the escrow
account holder along with the file number.
The
Asset Management Company will be responsible for preparing all the necessary
documents and take steps for coordinating with the escrow account holder, the
real estate agent or broker of the exchanger and the concerned legal or
taxation expert. Relevant language indicating the intent to affect a 1031
tax-deferred exchange must be clearly mentioned in the Purchase and Sale
Agreement
Potential Benefits of the 1031 Exchange
In a 1031 Tax Deferred Exchange
the status of the tax payer is not taken into consideration for determining the
eligibility under this section. Instead, the nature of the properties involved
in the sale of the relinquished property and purchase of a replacement property
is considered. Factoring in the other rules and regulations for the exchange
benefit, a 1031 Exchange is beneficial in the following ways –
· The capital gains tax accrued on the sale of a
farm or a ranch may be deferred if certain conditions are fulfilled.
· The
investment property that was held for a long period of time and has appreciated
in value over time may be exchanged for other real estate.
· Successors
to the investor’s property may get an appreciated amount equal to the fair
market value and accumulated tax on the capital gains may be further deferred
or waived off.
· The
amount that was payable as capital gains tax can be utilized for reinvestment
purpose.
Does location of a property affect a 1031 Exchange?
Several
changes to the 1031 Exchange criteria have been brought over the years to make
its applicability while selling a Farm
or Ranch in Montana more transparent and clear.
Prior
to the year 1989, owners of US property could exchange with properties outside
the US. Post 10th of July, 1989, for a 1031 Exchange to apply only
properties located within the US could be exchanged as a like-kind property.
This means only real property in the US is allowed to be exchanged to avail the
benefit of the 1031 Exchange. However, it must be noted that real estate in one
state can be exchanged for real estate in another state within the US. In case
of any private letter ruling, the circumstances and unique facts of the
taxpayer’s situation need to be analyzed to determine the applicability of the
IRC 1031 Exchange Rule.
