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Congressional Proposal for Eliminating 1031
Congressional Proposal for Eliminating 1031
 
As some of our clients may already know, there has been discussion in Congress concerning tax reform.
On February 26, House Ways & Means Committee Chairman Dave Camp (R) released a Discussion Draft of his Comprehensive Tax Reform Proposal which includes completely eliminating 1031 Exchanges in Section 3133 of the draft, and also taxing long term capital gains at ordinary income.
Eliminating Section 1031 could be a catastrophic threat to the real estate market. Investment in the real estate would become far less attractive which would cause property values to plummet. A loss in property value would be felt by not just all owners of real property, but by the economy as a whole as lost equity would no longer be available for spending or investment, making real estate an illiquid asset. Less transactions means lost jobs and income in the real estate sector, and ultimately lost revenue for the country.
Statutory Text Tax Reform Act of 2014 Discussion Draft 
Furthermore, President Obama’s 2015 budget includes a provision to limit the amount of capital gain deferredunder section 1031 from the exchange of real property to $1,000,000 (indexed for inflation) per taxpayer, per taxable year. Obviously, a cap on the amount that can ... more

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