What is a Section 1031
Tax-Deferred Exchange?

When you sell real estate you are taxed on any gain or profit realized from that sale. Gain is the difference between your Basis and the amount of money you receive when you sell a property. For example, you bought a property in Dodger’s Hole for $200,000 back in 1995 and you sold it last week for $800,000. Your Basis is $200,000, and your Gain or profit is $600,000; that amount is subject to tax. However, you did not use the property as your personal residence; the majority of the time you rented it and spent very little time there yourself. You might qualify for a Section 1031 Tax-Deferred Exchange. (Note: When selling a primary residence, exclusions are available to offset capital gains.)

Anyone who owns a second-home or plans on purchasing a second-home on Martha’s Vineyard should be knowledgeable about the Section 1031 Exchange laws. Implementing a 1031 Exchange is simple if you follow very precise rules and utilize the services of a reputable Qualified Intermediary. If you want to know more about the Section 1031 Tax-Deferred Exchange process, follow this link to download some excellent literature that will help you understand the full scope and options available to Martha's Vineyard investors.

As of March 10, 2008, there has been a new development in the law governing Section 1031 Exchanges; the recent release of Revenue Procedure 2008-16.

The Revenue Procedure 2008-16 creates a safe harbor for properties, second homes in particular, to meet the Section 1031 'Qualifying Use' requirement. Rev. Proc. 2008-16 establishes firm guidelines regarding the length of ownership, and the amounts of both rental use and permitted personal use for the property to meet the Qualifying Use Safe Harbor. These guidelines will enable many taxpayers to know with certainty that their properties qualify for a 1031 Exchange, and that this qualification will not be challenged by the IRS. Please note that failure to meet the 'Safe Harbor' guidelines will not necessarily disqualify a property from a Section 1031 Exchange.

Revenue Procedure 2008-16 will be especially helpful to owners of Vacation or Second-homes on Martha’s Vineyard, where there typically is both rental and personal use. Please follow the link to read the entire Revenue Procedure 2008-16 document provided by the Internal Revenue Service

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