it next year. She is still living. I know that the proceeds that are paid to the remainderman (my husband) are considered Long term capital gains. We are trying to avoid having to pay Capital gains. Being that this sale is in a Life estate are the remainderman able to do a 1031 exchange with the proceeds in order to avoid paying capital gains? And if so can you purchase a piece of property instead of a home and still qualify for the 1031 exchange? And one last question, How long do they have to do this transaction?
A 1031 tax-deferred exchange is a method by which a property owner trades one property for another without having to pay any federal income taxes on the transaction. In an ordinary sale transaction, the property owner is taxed on any gain realized by the sale of the property. But in an exchange, the tax on the transaction is deferred until some time in the future, usually when the newly acquired property is sold.
These exchanges are sometimes called "tax free exchanges", because the exchange transaction itself is not taxed. Tax deferred exchanges are authorized by Section 1031 of. The requirements of Section 1031 and other sections must the Internal Revenue Code be carefully met, but when an exchange is done properly, the tax on the transaction may be deferred.
A replacement property does not need to be identical to that sold and can be other investment property. The rules on a 1031 exchange is that replacement property must be identified within 45 days from the date of closing and such property must be closed on within 6 months from closing.
Before entering into any such transaction, an experienced attorney who practices in deferred exchanges should be contacted.
- Alfred Polizzotto, III
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