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The Trick To Easy 1031 Property Identification

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Making a 1031 exchange is not always an easy endeavor; there are many factors that must be duly considered during the course of the process, and myriad potential complications that may arise. The good news, however, is that most of these obstacles can be avoided by way of preparation and foresight. One key part of the process that can be simplified considerably provided that the investor does his homework beforehand is the identification of a suitable replacement property.

By far the simplest approach to making an identification is to make sure {conduct the closing on the purchase of your replacement property within the 45 day period after closing on your relinquished property's sale. If you manage to conduct your closing within this period, you'll be considered to have identified the property by virtue of the fact that you have conducted the closing. In this manner, you can free yourself from the obligation to make an identification in writing.

Letting this deadline pass without closing on your purchase means that you'll be expected to submit your identification in writing, which will inevitably make the undertaking much more complex and work-intensive. It would take more than a short overview to cover all of the legal minutiae that you may have to consider in submitting an identification on paper, but here I will offer a brief overview of the two basic rules under which these identifications can be made.

The first of these is the ”Three-Property Rule,” which indicates that you you are allowed to identify properties regardless of value, however they can't be more than 3 in number. While The ”Three-Property Rule,” is easy enough in concept, in reality it is often hard to figure out whether a property comprises one or several . As an example, if you were considering a property sold in several distinct parcels, you'd have to consider quite a few factors, including the location of the parcels, and whether you would be buying them under 1 purchase agreement or several different ones. Your second option, the Two-Hundred-Percent Rule, allows you to identify any quantity of properties, however the values of the properties you identify must not add up to more than 200% of the value of your relinquished property.

Regardless of which rule you decide to make your written identification under, it is necessary to be cautious when submitting identifications on paper, as an incorrect identification is likely to result in an invalidated exchange. This hassle can fortunately be mitigated, or indeed avoided entirely, with a bit of foresight. As an example, you could search for a suitable replacement property in anticipation of a 1031 exchange, and, for additional surety, you can draw up a purchase agreement as well. In this manner, you can make absolutely certain that you'll be able to close on your replacement within the forty-five day window of time, avoiding the muss and fuss that results from submitting your identification in writing. If, however, a circumstance arises in which you can see that you will be unable to close on your purchase within the 45-day time frame, do not hesitate to discuss any legal considerations or doubts with your tax adviser or other legal expert, as a wrong move may result in your exchange being invalidated.

About the Author

Maximize Your Tax Savings By Using A Reverse 1031 Exchange When Buying Or Selling Like Kind 1031 Exchange Real Estate. Visit http://www.Top1031Exchange.com To Learn More.
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