Simple English definitions for legal terms
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Relinquished property refers to the real property that an investor sells in a 1031 exchange to defer paying taxes on the gains from the sale. This means that instead of paying taxes on the profits, the investor can use the money to buy another property. The IRS requires that the property be identified within 45 days of the sale and that the exchange be completed within 180 days. If the property is not identified within 45 days, it cannot be considered like-kind property for the exchange.
Relinquished property refers to the real property that an investor sells in a 1031 exchange to defer recognition of gains from the sale as taxable income. This means that the investor can sell their property and use the proceeds to purchase a new property without paying taxes on the gains from the sale.
According to § 1031(a)(3) of the Internal Revenue Code, the property must be identified, and the exchange must be completed within 180 days after the transfer of the exchanged property. If the property received in a 1031 exchange is not identified as property to be received in the exchange within 45 days after the transfer of the relinquished property, it is not treated as like-kind property.
John owns a rental property that he wants to sell for $500,000. He purchased the property for $300,000, so he has a capital gain of $200,000. If he were to sell the property without a 1031 exchange, he would owe taxes on the $200,000 gain.
Instead, John decides to do a 1031 exchange. He sells his rental property for $500,000 and uses the proceeds to purchase a new rental property for $600,000. Because he completed the exchange within 180 days and identified the new property within 45 days, he can defer paying taxes on the $200,000 gain.
By using a 1031 exchange, John was able to avoid paying taxes on the gain from the sale of his rental property and reinvest the proceeds into a new property.