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Self-directed IRA funds (a.k.a. real estate IRAs) can buy rental property as an investment. This means real estate IRA holders can use their retirement funds to purchase real estate without incurring early distribution taxes or penalties and they can realize the rental payments as tax-deferred income within their IRA.  NuWire Investor (This link will open in a new window, so pop-up blocker may disable).

1031 Tax Deferred exchange info:

Q - What is a tax-deferred exchange?

In a typical transaction, the property owner is taxed on any gain realized from the sale. However, through a Section 1031 Exchange, the tax on the gain is deferred until some future date.

Section 1031 of the Internal Revenue Code provides that no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business, or for investment. A tax-deferred exchange is a method by which a property owner trades one or more relinquished properties for one or more replacement properties of "like-kind", while deferring the payment of federal income taxes and some state taxes on the transaction.

The theory behind Section 1031 is that when a property owner has reinvested the sale proceeds into another property, the economic gain has not been realized in a way that generates funds to pay any tax. In other words, the taxpayer's investment is still the same, only the form has changed (e.g. vacant land exchanged for apartment building). Therefore, it would be unfair to force the taxpayer to pay tax on a "paper" gain.

The like-kind exchange under Section 1031 is tax-deferred, not tax-free. When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax.

 

Q - What are the benefits of exchanging v. selling?

* A Section 1031 exchange is one of the few techniques available to postpone or potentially eliminate taxes due on the sale of qualifying properties.

* By deferring the tax, you have more money available to invest in another property. In effect, you receive an interest free loan from the federal government, in the amount you would have paid in taxes.

* Any gain from depreciation recapture is postponed.

* You can acquire and dispose of properties to reallocate your investment portfolio without paying tax on any gain.

 

Q - What are the requirements for a valid exchange?

* Qualifying Property - Certain types of property are specifically excluded from Section 1031 treatment: property held primarily for sale; inventories; stocks, bonds or notes; other securities or evidences of indebtedness; interests in a partnership; certificates of trusts or beneficial interest; and choses in action. In general, if property is not specifically excluded, it can qualify for tax-deferred treatment.

* Proper Purpose - Both the relinquished property and replacement property must be held for productive use in a trade or business or for investment. Property acquired for immediate resale will not qualify. The taxpayer's personal residence will not qualify.

* Like Kind - Replacement property acquired in an exchange must be "like-kind" to the property being relinquished. All qualifying real property located in the United States is like-kind. Personal property that is relinquished must be either like-kind or like-class to the personal property which is acquired. Property located outside the United States is not like-kind to property located in the United States.

* Exchange Requirement - The relinquished property must be exchanged for other property, rather than sold for cash and using the proceeds to buy the replacement property. Most deferred exchanges are facilitated by Qualified Intermediaries, who assist the taxpayer in meeting the requirements of Section 1031. more info on tax exchanges

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Dean Laird, Broker Owner * Colorado Group Realty
Cell: 970-846-8284
Specializing in Resort Town Real Estate for 20 Years
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Testimonials

I am thrilled with the transaction and know that your work and expertise made it happen. Thank you!!! ~A.M.

Dean has an easy, laid back style but will surprise you with how sharp his negotiation skills are! He's a local family guy who knows everything there is to know about Steamboat. ~Karen M.

In any town you have a lot of choices when it comes to realtors. Dean was referred to me by a friend of mine who also had a great buying experience with Dean. I honestly don't prefer most realtors approach to selling. Dean was everything opposite of most realtors in that he listened to exactly what I was looking for, was patient, and helped us through the inspection and buying process. Dean was VERY knowledgeable about the area and the best deals in town! Most town homes/condos in Steamboat are located amongst 100s of other short-term rentals. Our town home is located in a very upscale area of town, very quiet, and lot's of great, long-term neighbors! If you want to work with a realtor who has your best interest in mind and isn't just looking for his/her next paycheck, I'd HIGHLY recommend working with Dean! Thanks Dean!! We love our new home!!! ~Barry B.

Our home buying experience with Dean was pleasant, easy, and professional. Truly, it was the best experience we have ever had with a real estate agent or broker. He has a strong knowledge of the Steamboat Springs community, as well as background as a builder so he knows exactly what to look for and really nailed our listings. We were shown properties that matched our needs and found something that was perfect for us. Dean was a great advocate for us during the process and completely followed through on all expectations. And he was still there for us long after the sale was complete, in case we would have needed him. I would highly recommend his services to anyone looking to buy a property in the area! ~Holley G.

In 1996 Dean Laird helped my wife and I find acreage in the Columbia River Gorge. At the time we were living on the Oregon coast several hours away from the Gorge. Dean scouted several properties for us and we then drove up to take a look at what he had found. After looking at a few properties he drove us to a magnificent piece of land which exceeded our expectations and eventually became our home. During the entire process of purchasing our land, Dean was methodical, professional and quite knowledgeable in his handling of contracts. My wife and I were very impressed with his management of our purchase and his willingness to help us acquire the type of property we were seeking. I highly recommend Dean Laird and would most certainly request his services in the event we should ever be in the market for another property. In my estimation he is by far the finest, most caring and professional realtor I have ever had the pleasure of working with! ~David N.