Section 1031 Tax Code
1031 states the recognition rules for realized gains or losses that arise as a result of an exchange of like kind property held for productive use in trade or business or for investment.
Section 1031 tax code. Exchange of property held for productive use or investment on westlaw. Internal revenue code is a way to postpone capital gains tax on the sale of a business or investment property by using the proceeds to buy a. It states that none of the realized gain or loss will be recognized at the time of the exchange.
For more detailed codes research information including annotations and citations please visit westlaw. Paragraph 2 d of section 1031 a of the internal revenue code of 1986 as amended by subsection a shall not apply to any exchange of an interest as general partner pursuant to a plan of reorganization of ownership interest under a contract which took effect on march 29 1984 and which was executed on or before march 31 1984 but only if all the exchanges contemplated by the reorganization plan are completed on or before december 31 1984. 1 section 1031 is also.
A 1031 exchange named after section 1031 of the u s. Section 1031 of the internal revenue code allows an owner of investment property to exchange property and defer paying federal and state capital gain taxes 15 20 applicable state taxes and taxes on gain from depreciation 25 and the obama care tax 3 8 when required if they purchase a like kind property following the rules and regulations of the internal. Section 1031 a of the internal revenue code 26 u s c.
The most basic form of like kind exchange is a direct simultaneous swap of properties between two individuals or companies. Section 1031 is a provision of the internal revenue code irc that allows business or investment property owners to defer federal taxes on some exchanges of real estate.