The sale of a ranch or a
farm involves more than just dealing with a real estate property. Understanding
the various tax-saving tools available and their implications can help the
investor in maximizing his profit by deferring the tax occurring out of the
sale of a farm or ranch at a later date. In order to avail the benefit from 1031 Exchange Income Properties Texas and use the tool effectively, one
property must be exchanged for another property of similar value. The ultimate
goal is to avoid capital gains in the process for the time being. There are
four different kinds of exchanges that investors can choose from so that they
can get a tax-deferred benefit.
Simultaneous Exchange
This occurs when the
relinquished property and the replacement property close on the same day, i.e.
they close in a simultaneous manner. It is necessary to note here that even the the slightest delay in the wiring money to the escrow company can lead to its
disqualification and imposition of full tax on the farm or ranch sold.
Reverse Exchange
Also referred to as a
forward exchange, this exchange occurs when a replacement property is acquired
through an exchange titleholder before identifying the replacement property.
The tricky concept about a reverse exchange is that all dealings are made in
cash. It is upon the taxpayer to decide which investment properties to be
parked and which ones to be acquired. This exchange facility also needs to meet
certain criteria to obtain a tax-deferred benefits.
Delayed Exchange
The like-kind delayed
exchange is one of the commonly chosen exchange options opted by investors
today. It is because the exchanger is able to relinquish his original property
before acquiring the replacement property. The exchanger is responsible for
offering his property in the open market, contacting potential buyers and
executing the purchase and sale agreement before a delayed exchange is
initiated.
Construction or Improvement Exchange
This Exchange enables
taxpayers to make necessary improvements to the replacement property by
utilizing the exchange equity. This means that the taxpayer can utilize the
sale proceeds in enhancing the replacement property while it remains in the
hands of the intermediary for a remaining period of 180 days. It is also worth
mentioning that the taxpayer needs to satisfy certain criteria for exercising
such a facility.
Properties Qualifying for a 1031 Exchange
Selling a ranch or a farm
is similar to selling a business. It can involve several different types of
assets like livestock, equipment, crops, inventory, water rights, and real
estate. Potential investors looking to undertake the 1031 Exchange of the
Internal Revenue Code must know the assets are considered for 1031 Exchange
Income Properties in Texas eligible to be considered as like-kind property.
While personal property assets are eliminated from the purview of 1031
Exchange, there is an immediate expensing rule for certain kinds of newly
acquired business assets.
Real Estate Property Assets
The real-estate assets
include the land along with any other improvements like a barn or a house
attached to such a farm or ranch. If the house is already occupied by an existing
worker, caretaker or tenant then the property should be considered as used in
the course of business or trade and is eligible for exchange under the IRC
1031.
Crops
Harvested crops are not
eligible for a 1031 Exchange. On the other hand, unharvested crops are counted
for the like-kind property when they are sold along with the land, to the same the person at the same time. But the land needs to be held by the owner for at
least one year.
Mineral Rights/ Water Rights
These are considered as
like-kind property only when certain specific criteria are fulfilled. The
nature and duration of the rights need to be taken into consideration for
taxation deferment under the 1031 Exchange.
Conclusion
1031 Exchange Income Properties in Texas require the advice and
knowledge of a qualified ranch or farm advisor to avail the maximum benefits from
its sale. Make sure you take the right decision while dealing with such
properties.
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