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Just the Basics: Tax-Deferred Exchanges Under IRC §1031

Exchange Update

Knowing some basic rules behind Internal Revenue Code 1031 can help investors defer paying capital gain tax on property dispositions, resulting in more money to invest in new property acquisition. Generally, any real property can be exchanged, provided it is held “for productive use in a trade or business” or for “investment” and is exchanged for property of “like-kind” that will also be held for one of these same purposes.

 

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Top Ten 1031 Exchange Misconceptions

Exchange Update

1. Like-kind means I must exchange the same type of property, such as apartment building for apartment building.

All real property is like-kind to other real property. For example, you can trade an apartment building for an office building. To read more about like-kind real estate, click here.

2. My attorney can handle this for me.

Not if your attorney has provided you any non-exchange related legal services within the two-year period prior to the exchange. Click here to read more about qualified and disqualified parties.

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New Fresno Ace Hardware Opens Next Week

Fresno’s newest Ace Hardware store — formerly an Orchard Supply Hardware — should be opening by the end of next week.

A grand opening is slated for July.

 

Located at 1536 E. Champlain Drive, the Ace Hardware store should eventually create 50 new jobs. It is the second Ace Hardware to open in a former OSH location in the Central Valley after the chain, owned by Lowe’s, closed earlier this year.

 

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Deferring Tax on Mixed Use Properties

Exchange Update

Utilizing IRC Sections 1031 and 121

When it comes to issues related to capital gains taxes associated with the sale of real estate, there are two primary provisions of the tax code that apply, IRC Section 1031 and IRC Section 121.  Many people are unaware that when a property is used as a personal residence as well as for business or investment purposes, it is a mixed-use property that can benefit from both provisions of the tax code at the same time.

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Success & Stability Since 1919

A Century of Service

In 1919, Oliver Wendell Pearson arrived in Fresno to visit his brother and, together, they bought a ranch. Seeing firsthand the developing business of agriculture, Mr. Pearson noted the need for a realty company that would specialize in marketing and selling farm and ranch property. The O. W. Pearson Company would later become Pearson Realty. The core principles of the firm reflect Mr. Pearson’s personal beliefs in honesty, trust, reliability and positive results.

Today the stockholders, agents, brokers, and staff adhere to the founding principles—to continue a tradition in trust since 1919.

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Seller Financing Strategies and 1031 Exchanges

In this real estate market where financing is sometimes not readily available, sellers who are motivated to sell may offer to finance a portion of the purchase price.  At the closing, the buyer deposits some cash and signs a seller carryback note for the balance.  If structured as an installment sale under IRC Section 453, the seller pays tax on any gain as the payments are received rather than paying tax on the gain in the year of sale for the entire purchase price.

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