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Welcome > Resources > Tips > Tax Considerations > New 1031 Exchange Rules ...

New 1031 Exchange Rules

One of the most popular "tax deferring" strategies for real estate owners who are selling one property and acquiring another is the use of Section 1031 of the Internal Revenue Code. It is an effective way to defer paying income tax on capital gain generated by the sale of a property when you intend to reinvest the proceeds in a similar, "like-kind" property. Almost any kind of real property is considered "like-kind" with any other real property.

A recently enacted law closes what was considered a loophole in the Section 1031 rules. In some cases, owners of investment real estate have used the 1031 Exchange to swap their investment property for real estate that could be readily converted to an owner-occupied residential property. After the exchange, they made the property into their principal residence, lived in it for a couple of years, then sold it. Now the American Job Creation Act of 2004 has ruled that properties converted from a 1031 exchange property into a residence must be held and used as a principal residence for at least five years to qualify for the tax exemption. Otherwise, the basic tax-deferring benefits of 1031 exchanges remain the same.

Consult your tax advisor for more detailed information.



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We've learned these tips through years of experience as top real estate agents. But we know that YOUR situation might be different. That's why we're here. 

It's our job to personally advise homebuyers and sellers. Ask us if any tip that we've included here really applies to your situation. 

Do any of these tips raise questions for you? Didn't find what you're looking for? Let us know! We are happy to answer ANY questions. It's our job! There's no obligation, and we promise to get back to you quickly... 

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Real Estate Trivia
Q 
Where was the great land boom (1919) in which investors paid up to $25,000 for lots not yet dredged up from the ocean?

A 
The great Florida land boom brought hundreds of investors to the state after Carl Fisher founded Miami Beach in 1919.
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Network Realty Group

415 S. Main St
Culpeper, VA 22701
571-229-5900
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