If your heirs inherit property received through a 1031 exchange, its value is “stepped up” to fair market, which wipes out the tax deferment debt. This means that if you die without having sold the property obtained through a 1031 exchange]

How does section 1031 of the Internal Revenue Code work?

Section 1031 of the Internal Revenue Code allows an owner of investment property to exchange property and defer paying federal and state capital gain taxes (up to 15% Federal, 25% depreciation recapture and applicable state taxes) if they purchase a “like-kind” property following the rules and regulations of the Internal Revenue Code.

What are the rules for 1031 like kind exchange?

The Tax Cuts And Jobs Act eliminate the use of the Section 1031 Like Kind Exchange for just personal property. It now only applies to real property. But the real property includes the items that would be ineligible if they were treated alone. The real properties must be “like-kind” and the personal properties must be “like-kind” to each other.

How did the 1031 exchange get its name?

Requirements for a 1031 Exchange. 1031 exchanges get their name from the section of the tax code which provides a tax break. As the Internal Revenue Service explains, capital gains taxes are usually required on the profits when a business or investment property is sold. However, Internal Revenue Code section 1031 creates an exception.

Who is the Qualified Intermediary in a 1031 exchange?

In a delayed exchange, you need a middleman known as a Qualified Intermediary who holds onto the cash from the “sale” of your property and uses it to “buy” the replacement property for you. In order to do a 1031 exchange successfully, it’s essential that you follow the following rules to a tree.

Can a partnership be used in a 1031 exchange?

Interest in a partnership cannot be used in a 1031 exchange—partners in an LLC do not own property, they own interest in a property-owning entity, which is the taxpayer for the property. 1031 exchanges are carried out by a single taxpayer as one side of the transaction.

Who is eligible for a 1031 tax deferral?

Owners of investment and business property may qualify for a Section 1031 deferral. Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031.