1031 Exchange

Section 1031 tax deferred exchange information

Information for individuals looking to enter into a 1031 exchange, interested in a tax free exchange, or are just trying to figure out what a Section 1031 tax deferred exchange is.

Publication 544 - Introductory Material

Additional special depreciation allowances. --- The 30% and 50% special depreciation allowances will not apply to most property placed in service after 2004. However, the special depreciation allowances are subject to depreciation recapture. See Depreciation Recapture in chapter 3.

Sale of DC Zone assets. --- If you sold or exchanged a District of Columbia Enterprise Zone (DC Zone) asset that you held for more than 5 years, you may be able to exclude the “qualified capital gain”. For more information, see Exclusion of Gain From Sale of DC Zone Assets at the end of chapter 1.

Dispositions of U.S. real property interests by foreign persons. --- If you are a foreign person or firm and you sell or otherwise dispose of a U.S. real property interest, the buyer (or other transferee) may have to withhold income tax on the amount you receive for the property (including cash, the fair market value of other property, and any assumed liability). Corporations, partnerships, trusts, and estates also may have to withhold on certain U.S. real property interests they distribute to you. You must report these dispositions and distributions and any income tax withheld on your U.S. income tax return. For more information on dispositions of U.S. real property interests, see Publication 519, U.S. Tax Guide for Aliens.

Foreign source income. --- If you are a U.S. citizen with income from dispositions of property outside the United States (foreign income), you must report all such income on your tax return unless it is exempt from U.S. law. This is true whether you reside inside or outside the United States and whether or not you receive a Form 1099 from the foreign payor.

Photographs of missing children. --- The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.