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Capital Gains Tax Information

The capital gains tax is directly linked to money made from investments. Those who invest in properties are often hit with high capital gains tax rates, and depending on the state, they can see large percentages of their profit disappear within a short period of time. However, the IRS and other government agencies realized that this tax can serve as a deterrent for future investment, and it can greatly diminish an investor's ability to benefit from the sale of a property.

To stimulate investment in the real estate market and to encourage investors to put their money back in the system, the 1031 exchange was developed. This process allows you to defer the capital gains tax on the sale of a property if you reinvest it in another property. However, there are qualifications that must be met in order to achieve a successful exchange.

The gains from the initial sale are generally handled by a qualified intermediary and put into a trust. The investor has 45 days to identify candidate replacement properties and to notify the IRS. The "reinvestment" or close on the chosen properties must take place within 180 days of the close on the initial property. If all of the qualifications are not met, the money in the trust will be subject to the applicable capital gains tax.

You have a range of options for 1031 exchanges. Properties ranging from small retail outlets to massive industrial complexes can qualify; even smaller investments in investment grade real estate deeded as "tenants in common" (TICS) can qualify. To learn more about all of your 1031 options and to find the right property for yourself or your client, contact us at TM 1031 Exchange by phone at 1-877-4-TM1031 or by email at

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