A 1031 Tax Deferred Exchange transaction permits the taxpayer to legally defer the payment of taxes on capital gains when an investment property is sold. In any 1031 Exchange, there are specific time limits and the taxpayer must utilize a "Qualified Intermediary" to conduct the exchange.

In a non-tax deferred transaction, the proceeds of an investment property sale are comprised of five parts:


A. Adjusted Cost Basis: The initial purchase price of the property, plus non-expensed improvements, minus depreciation taken.

B. Capital Gain: The profit from the increased value of the property:
Sales price minus transaction costs less the adjusted cost basis.

C. State Capital Gain Tax: The South Carolina capital gain tax rate is currently 7 %. However, South Carolina provides tax relief to investment property sellers by discounting the capital gain by 44 % - i.e. taxing on only 56 % of the capital gain.
(See example below)

D. Federal Tax on 'Gain Due To Appreciation': Uncle Sam's current tax rate on 'Gain Due To Appreciation' is 15 %.

E. Federal Tax on 'Gain From Depreciation Recapture': Uncle Sam also recovers a portion of the capital gain saved by the taxpayer through depreciation of the property. The current federal tax rate on 'Gain From Depreciation Recapture' is a flat 25 %.

In a 1031 Tax Deferred Exchange, these federal and state taxes are deferred until a later date
(not avoided), thus allowing the taxpayer to use this federal and state money to purchase new
investment property.

See the example below for a 1031 Tax Deferred Exchange transaction in South Carolina.

Disclaimer: I am not an accountant or a 1031 Tax Deferred Exchange expert.
The information herein is offered as a guide to explain the tax consequences of a 1031 Tax Deferred Exchange. Anyone considering an exchange should consult with their tax or legal advisors prior to entering into an exchange.

The link below will take you to IPX1031's web site (Investment Property Exchange Services, Inc.),
a Qualified Intermediary with excellent reputation and financial strength. Here you can review the expert explanation and advice regarding the issues and requirements of 1031 Tax Deferred Exchanges.


Example

Capital Gain Tax Estimate on the Sale of Investment Property

Example Assumptions: Purchase Price: $ 400,000
  Sale Price: $ 550,000
  Non-Expensed Improvements: $ 10,000
  Depreciation Taken: $ 280,000
  Sale Transaction Costs: $ 40,000
     
Adjusted Cost Basis: Purchase Price $ 400,000
  Plus $ 10,000
  Minus $ 280,000
  Equals $ 130,000
     
Capital Gain: Sale Price $ 550,000
  Minus $ 130,000
  Minus $ 40,000
  Equals $ 380,000
     
  A. Amount Due to Appreciation $ 100,000
  B. Amount Due to Depreciation $ 280,000
 
Total:
$ 380,000
     
Capital Gain Taxes:    
Federal:
15 % X A. ($ 100,000) =
$ 15,000
 
25 % X B. ($ 280,000) =
$ 70,000
 
Total:
$85,000
     
State:
56% X $ 380,000 =
$ 213,000
 
7% X $ 213,000 =
$15,000
     
Total capital gain TAXES SAVED & available
for use in purchasing other investment property
involved in the 1031 Tax Deferred Exchange:
$100,000


Barbra Finer
Sea Pines Real Estate Company
South Carolina Licensed Real Estate Agent
32 Greenwood Drive / Hilton Head Island, SC 29928
Phone (843) 686-7934 / Toll Free (800) 846-7829
Email: barbra@barbrafiner.com

Distinguished
Sales Award