by Ronald T. Brunfield

Many investors make the mistake of selling their business or investment property and end up having to pay thousands of dollars to the government in capital gains taxes. What they may not know that there are tax laws that provide them the ability to defer all of the capital gains taxes on the sale of property which has been held as a trade or business - thereby retaining their gain.

This law defers (and can even eliminate the capital gains taxes) you would typically need to pay when selling business or investment property. The money that is made on the sale of your business or investment property, must also be used only to purchase another “like-kind”.

When you take advantage of the 1031 exchange laws, you can save a lot of money, thereby allowing you to leverage your equity by purchasing even more property (which may have not been possible without the added tax savings).

The 1031 Exchange law has benefited many, and I assure you that you can reap many rewards from it yourself. In order to reap those rewards, there are some specific procedures you need to follow.

Be sure that you select qualified intermediary (A.K.A. “Q.I.”) with a solid track record and professional reputation. A qualified intermediary should be very familiar and exclusively in the business of facilitating tax exchanges.

Your Q.I. provides a written agreement to change the transfer from and outright sale to an “Exchange” then transfers your relinquished property (that you are selling) and takes that money and uses it to purchase your replacement property on your behalf.

In order to qualify for this exchange you must abide by the following rules:

1. Firstly, the investment property that you are replacing must have been used for investment purposes or use in a trade or business and must be “like-kind” (i.e. US real estate for other US real state).

2. Second, you must find a replacement property if you haven?t already, clearly identify it in writing to your Q.I. it within 45 days. It is necessary to close on the sale on the replacement property within one 180 days.

3. To defer your capital gains taxes, all of the proceeds from the sale of the first property must be used to purchase your new replacement property.

Follow these 1031 rules and you will be in the best position to faciliate your exchange. The procedure is simple enough but even if the path seems a little complicated from time to time, it will be well worth it with the money you will save. Do yourself a favor and keep your capital gains by using a 1031 exchange instead!

About the Author:
Investors in the U.S. can save a lot of money by utilizing a 1031 exchange to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange is similar to an interest free loan from Uncle Sam.