| 1031
Tax Deferred Exchange
A
1031 Tax Deferred Exchange allows a seller of investment
property, in provision with Internal Revenue Code Section
1031, to defer paying capital gains tax on their investment
properties.
The following is a summary of typical 1031 exchange:
Seller
assigns interest in Real Estate Purchase Contract to
an a facilitator of the 1031 Exchange and pays facilitator
fee
Sale
proceeds are delivered to facilitator at closing and
are deposited by facilitator into an interest bearing
escrow account
Within
45 days of the date of the sale, Seller must designate
in writing to facilitator other like-kind property as “Exchange
Property” for purchase (Seller may identify up
to 3 properties)
Purchase
of Exchange Property must close within 180 days of the
date of sale
Seller
delivers any shortfall in the purchase funds to facilitator
Facilitator
disburses the funds in the escrow account to Title Company
to purchase the Exchange Property
Any
excess funds are disbursed to the Seller and are subject
to tax |