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In order to successfully complete a 1031 Exchange, specific IRS guidelines must be followed.


These guidelines include:
 
Use of a Qualified Intermediary: Use of a Qualified Intermediary: A qualified intermediary must be retained to complete the 1031 Exchange. Furthermore, specific language within the sales contract for the relinquished property allowing certain rights should be included. The intermediary will hold all of the sales proceeds and assist you throughout the process.

Identification and Completion Timelines: Identification of potential replacement properties must be made within 45 days from the sale date of the relinquished property. The acquisition of one or more of the identified replacement properties must be completed within 180 days from the date the relinquished property was sold.

Full Reinvestment: In order to fully defer all capital gains tax, all net proceeds from the relinquished property sale must be reinvested. Likewise, the percentage amount of debt associated with the replacement property must be at least equal to the percentage amount of any debt repaid on the sale of the relinquished property in order to fully defer all capital gains tax, unless additional cash is contributed to cover such debt.





While a 1031 Exchange offers a unique opportunity to reinvest gain and receive tax deferral and growth potential, however, it is not a simple transaction and is not for everyone. When evaluating whether a 1031 Exchange is right for you, you should consult your tax professional regarding the specifics of your situation.





For more information, please call 303.798.5407 or toll-free 866.442.5381



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