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Saturday, May 2, 2009

Learning From A 1031 Exchange Company On How To Start Saving Money By Deferring Taxes

By Eric T. Rightley

To start a 1031 Exchange, you first check with their CPA or accountant. You and your CPA need to figure out how much you would have to pay in taxes if you just sold the property outright. Your CPA can determine your adjusted basis in your property. Once your basis is known, you can then determine what the "normal" capital gain tax liability would be; and, also the amount of taxes that would be due to "depreciation recapture", which is currently taxed at maximum rate of 25%. Note: The rate of capital gains taxes is higher for the portion of the gain that is attributable to depreciation.

Normal appreciation can be determined by your CPA or accountant from the natural increase in the value of your property. Normal appreciation is currently taxed at a maximum rate of only 15%. If you are in a state with an income tax or state capital gains tax, your CPA might also determine the amount of state and municipal tax liability.

After determining all of the tax liability from selling your property, you can decide to sell it outright or to sell it utilizing the tax advantages of a 1031 Exchange. Knowing all of the tax liability helps you to make a clear decision. Normally, the 1031 Exchange will result in a far less tax bill than if you sold the property outright.

The first step in taking advantage of a 1031 Exchange is to contact a Qualified Intermediary. The Qualified Intermediary will advise you of the need for a written purchase agreement signed by you as the seller and your purchaser. This agreement establishes your desire to sell your relinquished property as part of a 1031 Exchange.

The purchase agreement should also include a stipulation or clause stating that you want to complete a 1031 Exchange. In this clause, it acknowledges that the purchaser agrees to cooperate in the exchange. You have now laid the groundwork for the closing. For sample cooperation clause go to www.1031podcast.com.

Finally, the closing can take pace and your sale will be competed. Once the deed crosses the table to the purchaser, and the net sales proceeds are paid directly to your QI, your 1031 countdown will begin. The day after the closing is considered "Day One" in the 45 day identification period that you have to identify in writing the properties you want to purchase as your replacement property. Also, it is the start of the 180 exchange period that you have to complete the 1031 Exchange and acquire your replacement property.

In summary, the first step is to work with your CPA or accountant to determine what the capital gains tax will be (including depreciation recapture and state and local taxes.) At this point, you will decide if the 1031 Exchange will be of benefit to you. A Qualified Intermediary can help you and your CPA or accountant realize the full potential of the 1031 Exchange process. The next step is to document your intent to sell the property to your purchaser as well as your desire to complete a 1031 Exchange by inserting text in your purchase agreement.

If you have all of these things done, you can start the processes of deferring taxes and keeping your money working for you. - 23217

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