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The Georgia 1031 Exchange


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The Georgia 1031 Exchange


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Like many people in Georgia, you own rental property that over the years has increased in value. Now you find another property that you want. But to afford the new property you need to sell the first location and use the proceeds and reinvest them in the new location. Your gain, however, could be subject to significant taxes.

Like most of us you want to avoid a tax bill. If that is the case, a tax deferred 1031 exchange will allow you to buy a new property with the gain or profit and not owe taxes immediately. Usually all gains and losses on sales of real estate are taxable. The exception comes when you trade or exchange one property for "like-kind" property.

Since the new property is considered a continuation of the original investment, taxes are not due at the time of sale. While many people think tax deferred exchanges are only for large corporations, anyone in Georgia can take advantage of a 1031 exchange.

For example: You purchase a rental home below market, rent it for a year, sell it and buy other property with the gain. To take advantage of a 1031 exchange it is advisable to consult a CPA or attorney familiar with the tax laws.

Be advised the IRS will take a dim view if you do a 1031 exchange too many times. The IRS may not consider you a long-term investor and therefore disallow such transactions.

The difficulty of a tax deferred 1031 exchange is that the property you are purchasing must be identified as an exchange. A written, signed document identifying the property as an exchange must be prepared and delivered to the party assisting you with the exchange 45 days from the date you sold the original property.

If you have complied with the identification part of the 1031 exchange in Georgia, you have 180 days to complete an exchange. Extensions of time are not possible so all documents and closings must be submitted within the allowable time.

 

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Tags: • rental homenew propertyrental propertytax deferred exchangesgeorgiatax laws1031 exchangereal estate swap


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