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Not avoid...delay. At whatever point the property(s) you do a successful Section 1031 exchange is sold without an exchange, the gains will essentially be claculated from all the properties. Your basis in the "new" property you exchnage into is the same as the one you exchanged out of.....hence if the values are the same...the gain is still there on sale.

S -1031 and Like Kinf Exchanges (LKE) are really very technical and filled with requirements...make sure you have professionals involved. On the deal side, they are also rather hard to put together.

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Q: Can you avoid capital gains tax with a like kind exchange?
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Related questions

What is Like-kind exchange?

§ 1031 provides Nonrecognition of gains and losses incurred on the transfer of property in exchange for other property of "like kind".


What is a 1033 Involuntary Conversion Exchange?

Internal Revenue Code Section 1033 allows taxpayers to defer the capital gains associated with real property that has been involuntarily converted when they purchase similar replacement real property. If you are familiar with a §1031 Like-Kind Exchange, it works similarly.


1031 Exchange?

Let’s say that your investment portfolio isn’t made up of just stocks, bonds, and mutual funds. Many investors choose to invest in real estate. If you’re one of those investors who hold real estate for investment purposes and you sell that real property you will be subject to capital gains taxes. Capital gains taxes can be steep, especially if you owned the property for some time and have seen it appreciate in value. One method of deferring the capital gains taxes is to do a 1031 exchange. This is an exchange of investment property for another like-kind property without having to realize or recognize the capital gains; and therefore deferring their taxation. You cannot do this with personal residences or summer homes; the property has to be held for investment purposes. The 1031 exchange takes its name from the part of the tax code where it is spelled out. And, as anyone who’s ever tried to read the tax code can attest, it is complicated. If you are holding an investment property you’d like to sell, but have your eye on another property or properties, it may behoove you to consider doing a 1031 exchange so that you don’t have to worry about paying capital gains taxes at this point. As with any complicated financial transaction, this one should not be considered without the counsel of a financial expert. There are wrinkles and things to watch out for – one of such is something called boot. Boot is essentially any part of the transaction that doesn’t meet the IRS criteria as like-kind property. If you’re mostly on the right track with your exchange, but there’s a little piece of it that doesn’t qualify as like-kind property, the IRS will charge you taxes on that piece. One example of boot is cash paid out to equalize the exchange. It’s true that 1031 exchanges can be a boon for real estate investors, allowing them to defer capital gains taxes until they decide to divest from their real estate empires. This strategy does have a lot of complexity to it, though, such as specific timeframes, methods of transaction closings, Qualified Intermediaries, boot, and escrow considerations. Do not try this strategy without consulting an expert.


What kind of taxes would you have to pay on a cell phone tower lease buyout?

capital gains. it is looked upon as an investment.It is income. same as your job. * First off, capital gains treatment is not afforded to income from your job. It is not the same. Secondly, not all cell tower lease buyouts are afforded capital gains treatment or 1031 like kind exchange treatment. It depends upon the lenght of the buyout and whether the lessor (landowner) has reserved any income rights for themselves. The key issue is the element of control which the owner maintains. Most of the companies offering these buyouts have opinion letters from big 4 accounting firms which you can share with your CPA. But in the end, your accountant has to sign off on the sale.


Do you have to pay federal capital gains taxes on sale of raw land in the state of Texas?

Let's put it this way: one or another kind of federal tax most likely will be due and payable and unless you have a martyr complex it would most likely be better to pay capital gains taxes on the "gain" rather than ordinary income tax on the "profit". Which kind of tax you have to pay will most likely hinge on whether the land was held for investment (capital gains) unless you are considered some kind of dealer. And for federal tax purposes, the state where the land is located is irrelevant. This information is limited to a "true" sale to a bona fide third party purchaser for value, and not some kind of estate planning transfer, gift or other kind of transaction.


How do you record a common stock journal entry in exchange for non cash?

[Debit] Asset / goods in kind [Credit] Share Capital


Is gilts liable to capital gain tax?

I think you meant to ask whether "gifts" are liable to capital gains tax. If it is a true gift within the meaning of the tax law (and not some sort of disguised payment or barter), there is no capital gain tax at the time the gift is given. There may, however, be a gift tax (which is a different kind of tax) on the donor. If the recipient of the gift later disposes of the gift, that transaction may generate taxable capital gains for the recipient.


Can capital gains income be reinvested without being taxed?

Stocks and such, NO. There is a section called 1031 that provides for "like kind exchanges" of certain types of assets, following rather strict guidelines.


When chlorine gains one electron what kind of ion is it?

Chloride


What kind of bond forms when an atom loses or gains an electron?

no


Can you avoid paying capital gains taxes if you sell a house and invest the proceeds into a real estate investment trust?

No. If the house is your personal residence, and you occupied it as your main residence for at least two of the last five years, and your profit on the sale is no more than $250,000 ($500,000 married filing jointly), you would owe no tax anyway. If the house is investment or business property, you can sell it in the context of a like-kind exchange and defer the taxable gain. The rules are complicated and unforgiving, so consult with a CPA or other qualified professional before you do anything.


What happens in a 1031 Land Exchange and what are the potential tax consequences?

A 1031 Exchange is great for owners or investment real estate. It allows the owner to sale the investment land and use the funds to purchase a "like kind" property and not be liable for capital gaines taxes.