On most cases the property of the tax payer is identified by his name of which it must be indicated. The reason being that he is the one who has all the legal documents that are required to verify the property including title deed. Making him to take full control of the property. In some situations we also have companies that are owned by an individual who can also liaise with the property owner to buy the property and act on the full capacity of the property.
Besides, there is also another rule known as replacement rule. This rule is only valid within a period of one hundred and eighty days preceding the closing of the original or first property. After closing of the first property and the extension of the exchangers return the first property is suppose to be sold and exchanged with the second property.
In addition to that another 1031 one exchange rule highlights and gives an allowance of 45 days for the post-closing of the first property. Identification of the accommodator and closing of the entity of address of the potential replacement of the first property can be done within this period of 45 days. Another thing is that the owner of the property will still be allowed 45 days for the submission of the property for sale in situation where the replacement property is packed. Three party rules allows for the selection of three property not considering their values. Besides, we also have two hundred percent rule which allows for the identification of four or more property as long as long as it does not pass two hundred percent of what has been sold. To conclude on this rule we have exemption rule which allows for the ninety-five percent of what is identified to be bought if its value of the item sold exceeds two hundred percent.
Another rule is on trading up. The first thing is that the net market value and the equity of the property must be equal to or greater than the replacement property to push forward one hundred percent of the tax on the difference. It also requires for the exchange to pay the tax on that difference. This difference is enough to tell you that equity and debt are not same.
The necessities in 1031 exchange cannot be determined immediately due to the fact that there is no hold time. Some of the necessities will include determining whether the equipment was acquired immediately before the exchange time and others as well.
In addition, you should also note that you cannot use 1031 exchange for personal use but only for investments or business property. On that note you will remain in your residence without swapping.