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Three articles cannot be fitted in this space, please provide me with an email address to sedn the remaining two. WHAT IS A 1031 EXCHANGE? When a person sells or buys a property in the United States he or she must pay taxes for the sale to the Internal Revenue Service or IRS. The amount paid in taxes depends on the amount spent or received for the purchase or sale of the property. The higher the property value the higher the amount of taxes paid. A 10312 Exchange is an operation authorized by the IRS where a person exchanges a registers property for another registered property. These properties are registered with the IRS and not other government agencies. A purchase or sale of property must pay taxes and exchange does not. Since the person exchanging properties will receive a deferred gained treatment, simply said, will not pay taxes on the transaction, very specific and exact procedures must be followed. Not all properties can be subject to a 10321 Exchange, these rules are set by the IRS and they decided when it can be done. A direct sale of a property requires the payment of 20% to 30% of the total amount of the transaction in taxes to the IRS. This means that the buyer does not have 100% of his money to buy the property because 20% to 30% of it has to be paid to the IRS. <even in a small transaction this is a lot of money and takes away a large portion of the person’s financial capability for investment. A 1031 Exchange allows the person to use 100% of his properties value to purchase the other property. It is not a purchase though it is an exchange. The first condition for this type of transaction is that the properties be of similar value. Another condition is that the 1031 Exchange applies only for commercial productive transactions; it can’t be used to purchase a new home. The money received from the property sale must be held in escrow by a qualified agent or intermediary recognized and appointed by the IRS, it cannot be held by the seller or the money will be taxable. Once the sale of the first property is finalized, the person has exactly forty five days to find the new property. This forty five day search period cannot be changed extended or otherwise, even if it ends on a holiday or weekend, the transaction must be closed on day forty five or the money becomes taxable. The time frame for the exchange of the property is also regulated. Once the new property has been identified and negotiation is under way, the buyer has exactly one hundred and eighty days to close the operation and transfer the new property. Again this deadline is very strict and exchange must happen before or on the one hundred and eighty mark, even if the day is a holiday or weekend, failure to do so will render the transaction taxable. There is also another condition for the exchange, the property will be exchanged within the one hundred and eighty days or before the person has to present his or her tax return for the year to the IRS, whichever comes first. These strict timeframes which cannot be extended allow no room for mistakes so planning is basic when requesting a 1031 exchange to the IRS.  less

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