section 1031 การใช้

• Structured sales are an alternative to a section 1031 exchange.
• Some exchanges of personal property can qualify under Section 1031.
• These properties are not eligible for Section 1031 treatment.
• Personal use property will not qualify for Section 1031.
• Section 1031 is most often used in connection with sales of real property.
• Cash to equalize a transaction cannot be deferred under Code Section 1031 because cash is not of like kind.
• The Senator refers to section 1021 as " 1031 " because it was section 1031 at the time of his speaking.
• However, if a taxpayer is a dealer and also an investor, he or she can use Section 1031 on qualifying properties.
• This revenue procedure creates a safe harbor for taxpayers wishing to use Section 1031 with properties that follow a simple set of rules:
• Therefore, he arranges for a section 1031 exchange, and buys the new property, thus avoiding the capital gains tax at that time.
• Under Section 1031 of the federal tax code, such taxes can be deferred if the property being sold is exchanged for one of the same value.
• One of those time-tested tax breaks is found in Section 1031 of the tax code, which allows taxpayers to swap one property for a substantially similar property without incurring a capital-gains tax.
• As for Section 1031, ask big-city tax lawyers about its origin and many will repeat the example of two cash-poor farmers who need to swap one field for another but cannot afford the taxes an outright sale would create.
• Although real-estate investors _ from the Calis to Sam Zell, the Chicago financier _ have made the most use of Section 1031, tax lawyers have done like-kind swaps for other assets as well, including automobile fleets and manufacturing equipment.
• According to Senator Carl Levin, " the language which precluded the application of section 1031 to American Citizens was in the bill that we originally approved in the Armed Services Committee and the Administration asked us to remove the language which says that U . S . citizens and lawful residents would not be subject to this section ".
• For real property exchanges under Section 1031, any property that is considered " real property " under the law of the state where the property is located will be considered " like-kind " so long as both the old and the new property are held by the owner for investment, or for active use in a trade or business, or for the production of income.
• Anyone who is related to the taxpayer, or who has had a financial relationship with the taxpayer ( aside from providing routine financial services ) within the two years prior to the close of escrow of the exchange cannot serve as the QI, unless those services were " [ s ] ervices for the taxpayer with respect to ecvhanges of property intended to qualify for nonrecognition of gain or loss under section 1031 ".