The sale of a business or investment asset in a neighborhood with prices in upwards of $500,000 such as Overland Park, Leawood, Prairie Village, Mission Hills and many other neighborhoods in Johnson County. Whether it is real estate or capital equipment, can create a large tax liability. A properly structured tax deferred exchange under Internal Revenue Code §1031, however, allows businesses and individuals to defer the recognition of the capital gains or other taxes associated with the sale of most business or investment assets, as long as new assets are purchased to replace the existing assets. In general, most tax deferred exchanges are structured either as a real property or a personal property exchange. Real property exchanges include only interests in real property, while personal property exchanges encompass virtually all other types of property.
To be eligible for the favorable tax treatment afforded by an exchange, the property or business asset to be disposed of must have been held by the client for productive use in a trade or business, or for investment purposes, and be exchanged for like-kind replacement property that will be held by the client for similar purposes. With few restrictions, whether an exchange involves a parcel of real property, an airplane, a broadcast spectrum, or a fleet of cars, exchanges allow businesses and individuals the flexibility to sell property to whomever they wish, and to buy new property from whomever they wish. There is no requirement that property be "swapped" to be eligible for an exchange nor do exchange transactions require any significant changes to the terms of the sale and purchase agreements. By utilizing an exchange clients are able to maximize their capital by deferring the taxes that would otherwise be incurred on an outright sale of their property and use the entire amount of the equity from the exchange to acquire substantially more replacement property. Properly structured and administered, an exchange becomes an invaluable tax saving tool and an integral element of the business cycle. For a more detailed explanation of the various elements and regulatory requirements of tax deferred exchanges, please refer to a complementary copy of the IPX1031 Brief Exchange booklet that is available from myself or my office if you are interested.
I'm going to work on getting a copy in a PDF format for easy viewing on your home or office computer.
If you would like more information on this please just give me a call or send me an e-mail
Jordan M. Mackey
Cell Phone: 913-707-7314