irs 1031 exchange rulesBusiness here includes trade. Hence, if you have a factory premises used for some productive purposes such as manufacturing, merchandizing, trading, etc. then your property falls within the purview of Section 1031. Even an apartment used for similar purposes is covered by the provisions of this code.
Investment, on the other hand, means for speculative uses. This simply means that if you had purchased your house, apartment, building, factory, or even land with the sole aim of selling it in future at a higher price, then you shall be covered. The only condition is that you must not have started using it for your own residential purposes at any point of time.
Personal properties, i.e. those used for residential or vacation house purposes, or for similar such purposes, do not qualify under this code. Similarly, dealer properties, i.e. those purchased by property dealers for resale to its customers in the usual course of business, are excluded. Property purchased for the purpose of renting out to tenants, qualify.
The term like-kind, therefore, refers to your usage of the property. It has nothing to do with the grade or quality of your property.
Next, you have to identify a qualified intermediary, who will help you exchange your old property for a new one. The moment you sign up the intermediary or close your sale, your 45 day stipulation as to identifying your new like-kind property begins. And, within 180 days, the replacement property must be in your possession.
The Alabama 1031 Exchange of real estate also stipulates that your new property must not be lower in value than your previous one.
Only if you carefully follow all these guidelines, you can be successful in saving a considerable amount.
Michael Goh