Library items tagged with 1031 Code & Regulations.

Internal Revenue Service Regulations: IRC §1031

Like -Kind The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange : Additional Rules for Real Estate The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange s and Establishment of Safe Harbors

This document contained final regulations relating to exchanges of real property under Section 1031 of the  Internal Revenue Code (IRC). The comprehensive set of tax laws created by the Internal Revenue Service (IRS). This code was enacted as Title 26 of the United States Code by Congress, and is sometimes also referred to as the Internal Revenue Title. The code is organized according to topic, and covers all relevant rules pertaining to income, gift, estate, sales, payroll and excise taxes. Internal Revenue Code (IRC). The comprehensive set of tax laws created by the Treasury Department of the Internal Revenue Service (IRS). The regulations affect persons who exchange real estate. The regulations are necessary to provide persons who exchange these properties with the guidance necessary to comply with the law.

The final regulations are effective for exchanges occurring on or after April 11, 1991.

Rev. Proc. 2000-37: Reverse Exchanges

Since the promulgation of the final regulations under § 1.1031(k)-1, taxpayers have engaged in a wide variety of transactions, including “parking” transactions, to facilitate reverse like-kind exchanges. Parking transactions typically are designed to “park” the desired replacement property with an accommodation party until such time as the taxpayer arranges for the transfer of the relinquished property to the ultimate transferee in a simultaneous or deferred exchange.

Rev. Proc. 2008-16: Exchanges of Vacation Homes and Rental Property

This revenue procedure provides a safe harbor under which the Internal Revenue Service will not challenge whether a dwelling unit qualifies as property held for productive use in a trade or business or for investment for purposes of § 1031 of the Internal Revenue Code (IRC). The comprehensive set of tax laws created by the Internal Revenue Service (IRS).

Rev. Proc. 2002-22: Tenants in Common

Real Estate can be owned by a multi-member LLC, a partnership or as a tenant in common in addition to other ways of holding title. Under Section 1031 of the IRS Code, a member of an LLC or a partner of a partnership cannot do an exchange of the membership or partnership interest. A tenant in common can sell or acquire a tenant in common interest as part of an exchange. However, holding ownership of a tenant in common but acting more like a partnership can cause the IRS to treat the relationship as a partnership. Rev. Proc.