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By: Trisha Coppley

A 1031 tax exchange is a tactic used by property investors to indefinitely defer tax liability on the sale of a property. This is achieved by transferring rights to a property one would like to sell to a qualified intermediary, who holds on to the sale proceeds and uses the money to acquire a replacement property in compliance with the rules delineated in Section 1031 of US tax code.

While the current (and growing) interest in the 1031 tax exchange could lead you to believe that Section 1031 only recently came on the scene, this is not true. As a matter of fact, the 1031's history stretches all the way back to 1921, although at its conception, it was significantly different from the 1031 exchange we have come to know and love. The 1031 Exchange really came into its own in the 1970s, which saw a host of significant modifications in the manner that these exchanges were conducted. These modifications resulted in a farther-reaching conception of the 1031 process and generated greater interest from investors.

The capital gains tax deferral Section 1031 provides to the taxpayer may, at first, appear to represent a gift given by the government, however it is, in reality, closer to an interest free loan, because there is an expectation that the investor will “repay” the extra money acquired by way of the tax deferral by paying capital gains taxes on the subsequent sale of a replacement property. Additionally, this interest-free loan is one that may be kept indefinitely; an investor may choose to make any number of 1031 exchanges before ultimately choosing to make an outright sale, on which capital gains taxes must be paid.

Section 1031 of US tax code constitutes a mutually advantageous agreement between investors and the United States government, profiting the U.S. economy as well as the individual taxpayer. In viewing the transfer of money in an exchange as representing a continuation of a preexisting investment instead of as a separate transaction liable to be taxed, investors are given the opportunity to transfer their money into the most profitable investments possible, which, in turn, boosts the U.S. economy by encouraging job growth.

Like anything else, the 1031 exchange has its detractors. one criticism that has been leveled against 1031 is that the tax-free income gained by to the taxpayer in the exchange process represents an unreasonable advantage over other buyers. Another common concern is that the strict time limits attached to steps in the exchange procedure may engender an atmosphere of frantic buying, resulting in an increase in asking prices for replacement properties. The aforementioned complaints, however, are only tenuously based in hard evidence, and the odds that the 1031 exchange procedure will see significant changes in the near future are low. In general, most will agree that the 1031 exchange is greatly beneficial to all parties involved, as it allows investors greater profits on the sale of their property while also encouraging the creation of jobs and therefore the greater good of the country. Little doubt exists that the 1031 tax exchange is destined to remain a mainstay of the property investment business for years to come.

Many Types Of Investment Property Qualify For A 1031 Like Kind Exchange. Be Sure To Consult With A 1031 Exchange Company To Maximize Your Tax Savings. More Information Is Available At http://www.Top1031Exchange.com

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