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1031 Exchange

A 1031 exchange (also called a 'like-kind exchange') allows real estate investors to defer capital gains taxes by selling one investment property and reinvesting the proceeds into another 'like-kind' property. Rules: the replacement property must be identified within 45 days and acquired within 180 days of the sale. A Qualified Intermediary must hold the funds — the investor cannot touch the money. The exchange must be for investment or business property (not personal residence). Foreign investors can use 1031 exchanges, but FIRPTA withholding may still apply. The deferred gains carry over to the replacement property.

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