By Steven R. Buerkle

The U.S. tax code's section 1031 is founded on the premise that establishing a mutual relationship would be advantageous to both the real estate investors and the U.S. economy in general. This means that by virtue of 1031 exchanges, all investors are allowed to maximize the use of their capital that may translate to more jobs and opportunities, thus boosting the economy of the United States.

Transactions outside the U.S. in relation to 1031 exchanges cannot take place. Moreover, a tax deferment permits the IRS to accumulate from your capital gains taxes. This is especially true when in the future, you decide to sell your replacement property. Aside from this, it's hard to collect taxes on foreign properties.

The reasoning behind the prohibition of 1031 exchanges involving property in a foreign nation is clear, but things become a bit more hazy when you consider U.S. territories such as Puerto Rico, Guam, or the U.S. Virgin Islands. You are in fact permitted to make an exchange on a property in one of these territories, but it is essential to be cautious when making a transaction of this sort.

Exchanges made on properties within the United States only have minimal requirements. Mainly, this necessitates an investor to conduct business, trade, or investment with his property. However, in the case of some territories like the U.S. Virgin Islands - there are some other rules to follow. In a private letter ruling in order to meet like-kind investors, it says that a property must first qualify as income producing.

The path of least resistance when it comes to making a 1031 exchange is to confine your transactions to the United States, which comprise the fifty states as well as Washington D.C. In the event that you find it necessary to make an exchange on property located in an outside territory, I advise you to carefully analyze your replacement property to make sure it meets like-kind requirements. You may even want to request your own private letter ruling from the IRS.

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