FREQUENTLY ASKED QUESTIONS
TM 1031 Exchange
1031 Exchanges
Tenant-in-Common
Net Lease
Investor Education
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WHAT IS “LIKE-KIND” PROPERTY?
There is some confusion regarding what type of property qualifies for a §1031 tax deferred exchange. The Internal Revenue Code Section 1031 states that “no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment.” “Like-kind” property can include, but is not limited to, any of the following, provided it is held for investment:
* Single Family Rental
* Duplex
* Apartment
* Commercial Property
* Raw Land
For example, raw land can be exchanged for a single-family rental, or apartments or a commercial building. Properties can be exchanged anywhere within the United States. Selling an investment property and trying to do a 1031 exchange to purchase a primary residence does not directly qualify. Taxpayers can do a 1031 exchange into residential income and then convert it at a later date to their primary residence.
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