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The delayed exchange is a very special investment technique,
which can only be used in real estate transactions. You are
allowed to sell your property today and to reinvest the profits
as long as six months later without having to pay the taxes
due on the sale. Taxes are deferred to a future date that
you choose. The 1984 Tax Reform Act provided Congressional
approval of the concept of delayed exchanging by requiring
that the investor identify his like-kind property within 45
days and completes the exchange by 180 days after the sale
of his property.
Like-Kind Property:
The Internal Revenue Code Section 1031 (a) (1) says, "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 held either for productive
use in a trade or business or for investment." Property
that is held for investment can be exchanged for any other
property that is being held for investment and the investor
will be allowed to defer paying capital gains taxes.
Exchange Strategy:
Investors buy real estate to earn a profit. Decisions are
carefully made to determine the effects of location, potential
rents and expenses, financing and a number of other important
factors in an attempt to gain as much profit as possible.
Once the profit is made, the typical investor sells his property,
pays his taxes and reinvests in other real estate. Exchanges
are useful in a wide variety of circumstances. They provide
excellent opportunities for resourceful investors to create
transactions, which would not be possible through a sale/purchase
format. The overriding advantage of exchanging is in the ability
to move equity from property to property without having to
pay the capital gains taxes. Exchangers can create an entire
investment program using the wide variety of benefits available.
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