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In 2023, the rules for 1031 exchange in California are: You must purchase a like-kind property. Your new property must be of equal or greater value (to fully defer tax) You must invest all the money you made from the sale. The new property must stay under the same taxpayers name.
The property California investors sell and the replacement property they purchase must meet certain requirements to qualify for a 1031 Exchange. Both properties must be held for use in a trade or business or for investment. Both properties must be similar enough to qualify as Like-Kind.
Personal property such as a primary residence, second home, or vacation home has never been eligible for a 1031 exchange. However, homeowners may qualify for up to $500,000 in capital gains tax relief on the sale of a residence if they meet the IRSs home sale exclusion criteria.
Lets break down each 1031 exchange rule a bit so theyre crystal clear: Must be investment or business property. Both properties must be of equal or greater value. Must be like-kind. Must be the same taxpayer for both properties. Must complete the exchange within the 1031 exchange timeline.
Like-kind property in a is a broad description of properties that are defined by the IRS as the same nature or character, even if they differ in grade or quality. In terms of a 1031 exchange, this means that any type of investment property can be exchanged for any other type of investment property, with the
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The main requirements for a 1031 exchange are: (1) must purchase another like-kind investment property; (2) replacement property must be of equal or greater value; (3) must invest all of the proceeds from the sale (cannot receive any boot); (4) must be the same title holder and taxpayer; (5) must identify new
From the above example it is clear that owning property in California and exchanging it for property in another state leaves one open to double taxation. There is no way to avoid this situation unless one stays out of CA entirely or performs the final sale there.
Filing a 1031 exchange on your California state tax return is pretty straightforward. If you perform a like-kind exchange of California property, you must report that exchange on FTB Form 3840, provided you do both: Perform a 1031 exchange for property outside of California, and. Defer gain or loss under IRC 1031.
Real property and personal property can both qualify as exchange properties under Section 1031; but real property can never be like-kind to personal property. In personal property exchanges, the rules pertaining to what qualifies as like-kind are more restrictive than the rules pertaining to real property.
The purpose of form FTB 3500 is to apply for tax-exempt status from California franchise and income tax. If the organization provides all answers and documents required, the FTB will determine if the organization qualifies for tax‑exempt status.

california 3840 form