1031 Tax-Deferred Exchange

What is a Tax-Deferred Exchange?

• It is the method by which a property owner disposes of one property and acquires another without paying
  federal income tax on any profits

• It is allowed under Section 1031 of the Internal Revenue Code

• It defers tax on gain from disposal of relinquished property until and only if the replacement property is sold
  rather than exchanged again.

• It requires an “exchange” of properties rather than a “sale” of one property and the purchase of another

• It is facilitated by means of an Exchange Agreement and other documentation together with the assistance of
  a qualified Intermediary

What is a Qualified Intermediary?

A qualified intermediary is a knowledgeable, independent person or company that:

• Provides documents and outlines the procedures for completing the exchange

• Completes the transfer of the exchangor’s property

• Holds exchange proceeds in non-simultaneous exchanges until the replacement property is acquired

• Is not an “agent” of the exchanger (ie. exchangor’s realtor, attorney, accountant, banker, title company
  or relative)

What are Exchange Advantages?

• Allows an owner to dispose or property without incurring immediate tax liability

• May indefinitely postpone tax liability through the use of subsequent exchanges

• Tax liability is forgiven upon the death of the owner/exchanger

• Exchangor’s heirs inherit property at the “stepped up” basis

• An important estate-planning tool

For additional information regarding the 1031 Tax-Deferred Exchange Program including the requirements and guidelines, please contact your local Devon Title office or Visit the Exchanges website.


 

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