Liabilities Related to Relinquished Property: Can I Pay Off Secured/Unsecured Debt Through my 1031 Exchange?
Under IRC Section 1031 (b) and related guidance, it is a general principle that proceeds from a sale used in the exchange cannot be used to pay off liabilities that are unrelated to the relinquished property (they do not share a common nexus). Ideally, such liabilities should be secured to the relinquished property, however the […]
May 2023 Disaster Relief Update
Throughout the month of May, the IRS has issued tax relief that can extend/postpone the 45-day and 180-day deadlines applicable to ongoing Section 1031 exchanges for the below-referenced disaster areas. Each Notice provides universal tax relief that extends the deadline to file various individual and business tax returns and to make tax payments for affected […]
Refinancing Before or After your 1031 Exchange
May 11, 2023 By: Julia Mastrotto, Esq., Counsel All too common is the question of refinance in proximity to an IRC Section 1031 exchange. The key takeaway being that a refinance cannot occur as part of a 1031 exchange. It should be noted that generally, a refinance is not a taxable event (subject to exceptions/limitations like […]
April 2023 Disaster Relief Update
Throughout the month of April, the IRS has issued tax relief that can extend/postpone the 45-day and 180-day deadlines applicable to ongoing Section 1031 exchanges for the below-referenced disaster areas. Each Notice provides universal tax relief that extends the deadline to file various individual and business tax returns and to make tax payments for affected […]
1031 EXCHANGE INSIGHTS: WHEN DOES THE TRANSFER OF REAL PROPERTY ACTUALLY OCCUR FOR 1031 EXCHANGE PURPOSES?
November 4, 2022 By: Julia Mastrotto, Esq., Counsel In an IRC Section 1031 exchange, the exchanger has 45 days from the date of sale to identify replacement property, and up to a total of 180 days to close on identified property (or until the date their tax return is due, including extensions, for the tax […]
1031 Exchange Update: Avoid a Tax Season Trap by Preserving Your 180 day Exchange Period
IRC Section 1031 requires that taxpayers acquire all replacement property by the earlier of 180 days from the sale of the relinquished property or the Federal tax return due date for the year in which the exchange commenced. Therefore, taxpayers with exchange transactions commencing in the 4th quarter of the calendar year, specifically those starting […]