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What is a 1031 exchange in commercial real estate?

Commercial real estate in New Jersey can be a rewarding investment, but it also comes with complexities, especially when it comes to taxes. One tax strategy you might find useful is the 1031 exchange. Named after Section 1031 of the Internal Revenue Code, this provision can offer significant benefits if used correctly.

Understanding a 1031 exchange can open up new possibilities in your real estate ventures.

What is a 1031 exchange?

A 1031 exchange, also known as a like-kind exchange, allows you to defer capital gains taxes when you sell a property. The catch is, you must reinvest the proceeds into a new property of equal or greater value and it must be a like-kind property. This means the property you sell and the one you buy must be of the same nature or character.

For example, if you sell a commercial property in Newark, you can reinvest the proceeds into another commercial property in Jersey City. As long as you meet the requirements of a 1031 exchange, you defer paying taxes on the sale.

How does a 1031 exchange work?

A 1031 exchange follows a set process. First, you sell your property and ensure the sale proceeds go directly to a qualified intermediary. This person holds the money until you find a replacement property.

You then have 45 days to identify potential replacement properties and a total of 180 days to close on the purchase of the new property. The intermediary then transfers the funds to the seller of the new property. If these timelines are not met, the 1031 exchange fails and you owe taxes on the sale.

A 1031 exchange is a valuable tool that can help you grow your commercial real estate portfolio in New Jersey. It allows you to defer capital gains taxes, freeing up more capital for investment.