1031 Tax Deferred Exchange Addendum-2025

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  1. Click ‘Get Form’ to open the 1031 Tax Deferred Exchange Addendum in the editor.
  2. Begin by entering the Property Address and Purchase Contract Reference Date at the top of the form. This information is crucial for identifying the transaction.
  3. Fill in the Seller(s) Name and Buyer(s) Name fields. Ensure that all names are spelled correctly to avoid any legal issues later.
  4. Review the section regarding cooperation in a 1031 Tax Deferred Exchange. Check the appropriate box indicating whether the Buyer or Seller agrees to cooperate, ensuring clarity on responsibilities.
  5. Read through the recommendations provided for obtaining advice from a qualified tax attorney or CPA, as well as using a reliable facilitator. This ensures all parties are informed about their obligations.
  6. Both Buyer and Seller should acknowledge understanding by signing and dating where indicated at the bottom of the form.

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1031 exchanges are a real estate tax break that allows commercial property sellers to exchange a business, trade, or investment property for another, like kind, property while deferring capital gains tax on the sale.
Both addendums and amendments require the consent and agreement of all parties involved in the original contract. Any party to the contract can propose an amendment or an addendum, but it is necessary for all other parties to agree to the proposed changes before either an addendum or an amendment can be added.
A 1031 addendum will normally clearly show intent to do a 1031 exchange, permit assignment, and advise the other party there will be no expense or liability as a result of the exchange. Sometimes there is cooperation language asserting that both parties to the contract will cooperate with a 1031 exchange.
This addendum signifies intent to use the property in a 1031 exchange. At this point, the buyer and their agent are formally made aware of such an exchange. The seller can also assign a QI to the exchange in this addendum. A 1031 exchange addendum is used to add any clarifying language to a 1031 exchange.
Addendums can override parts of the original contract and expand on others. Instead of scratching out and handwriting over certain parts of the contract, addendums are drafted and signed to prove both buyer and seller agree. This includes: Modifying the purchase price, closing date, and financing terms.

People also ask

In real estate, an addendum is an addition or supplement made to a contract that modifies, clarifies, or adds specific terms or conditions. An addendum should not be confused with an amendment, which modifies a contract that has already been executed.

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