Ask The 1031 Expert Response Quality

Michael submitted a question through the Ask The 1031 Expert feature on the Atlas 1031 web site. The question centered upon whether the sale of rental property owned in Australia could defer capital gains in a 1031 exchange by purchasing replacement property in the United States. The Omnibus Budget Reconciliation Act of 1989 added subsection (h)(1) of Section 1031 stating that real property located in the United States and real property located outside the United State are not property of like kind.

Within six minutes of submitting the question, our Certified Exchange Specialist® called Michael to listen and respond to his questions. An estimated capital gain tax was calculated along with a suggestion to confirm with his CPA whether Australian capital gains will offset US capital gains.

Testimonial

“Andy, you and your firm are awesome. I did not expect that somebody would call me and explain 1031 exchanges in the detail and that is without any charge. I really appreciate your help and guidance. In the future, if I need the service, you will be the first person I will call and I will not hesitate to refer you to any of my friends and family. Thanks once again.”

Michael Patel
Raleigh, North Carolina

 

1031 Exchange Foreign Property

In a 1031 exchange, foreign real and personal property, when exchanged for foreign real and personal property, qualify for a federal capital gain tax deferral. Real property can be any real property given the nature and character of rights of the exchange properties are essentially alike including likeness of physical properties, character of title conveyed, rights of the parties and duration of interests. Personal property must be exchanged for like-kind or like-class property, such as aircraft for aircraft, gold bullion for gold bullion or oil painting for oil painting. Predominance of use over the prior two years determines the property’s location.

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