Monday, February 24, 2020

Preserve Your Equity From Selling A Ranch Using The 1031 Exchange Route


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.