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A 1031 exchange is a tax break. You can sell a property held for business or investment purposes and swap it for a new one that you purchase for the same purpose, allowing you to defer capital gains tax on the sale.
You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years. You owned and occupied the home for at least 2 years.
You Are Taxed on Boot You can do a 1031 exchange for a property that is worth less than the property that you are selling, but then you have to pay capital gains taxes and accumulated depreciation recaptures on the boot.
Nontaxable Exchanges - A nontaxable exchange is an exchange in which any gain is not taxed and any loss can not be deducted. If you receive property in a nontaxable exchange, its basis is usually the same as the basis of the property you exchanged.
6 Strategies to Defer and/or Reduce Your Capital Gains Tax When You Sell Real Estate Wait at least one year before selling a property. Leverage the IRS Primary Residence Exclusion. Sell your property when your income is low. Take advantage of a 1031 Exchange. Keep records of home improvement and selling expenses.
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Example of a Tax-Free Exchange A taxpayer exchanges a medical office building worth $2 million and with an adjusted basis of $1.8 million for a similar building worth $2.1 million. The taxpayer pays the other party $100,000 in addition to the property given up.
You do not have to report the sale of your home if all of the following apply: Your gain from the sale was less than $250,000. You have not used the exclusion in the last 2 years. You owned and occupied the home for at least 2 years.
Section 1031 is a federal tax code, so it is recognized in all states, so you can exchange from state to state.
California recognizes 1031 Exchanges which allows an investor to defer capital gains taxes as long as you are purchasing another like-kind property to replace the one you are selling. California does recognize it if you purchase your upleg in another state, but beware of the above Clawback rule.
A 1031 exchange is a real estate investing tool that allows investors to swap out an investment property for another and defer capital gains or losses or capital gains tax that you otherwise would have to pay at the time of sale.

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