The Internal Revenue Code imposes taxes
when property is sold or transferred and a gain is realized. According
to Section 1031 of the tax code, if a taxpayer adheres to strict code
guidelines, then all or a portion of the gains from the disposition of
business or investment property can be deferred or reinvested into a
new replacement property. These deferred gains, as well as the gains
from the new property, are not taxed until the new property is
transferred and fails to qualify for tax deferral.
To qualify for tax
deferment, the taxpayer must structure the transaction as an exchange
of one property for another of "like kind". Since 1921, tax-deferred
or “1031” exchanges have evolved from a simple but restrictive
two-party swap to today’s highly strategic and sophisticated
exchanges. Now possible for taxpayers large or small, 1031 exchanges
can only be facilitated with the guidance and specialized services of
a Qualified Intermediary, like LandAmerica 1031 Exchange Services.