"Like-kind exchanges stimulate economic growth," according to Brown. "Repealing or curbing the applicability of Section 1031 would critically injure businesses, investors and the real estate market which is just now showing signs of getting back on its feet." Brown is quick to point out that Section 1031 is not a tax dodge. Section 1031 allows investors to generate additional equity so long as the investment stays in place. Capital gains taxes become due whenever taxpayers don't use all of the funds received from a sale or ultimately "cash out" of their property.
Tax reform efforts are underway in both the House and the Senate. While Congress is not expected to enact reform legislation in the immediate future, decisions made in the coming weeks and months on issues, such as Section 1031, will be extremely difficult to reverse in the endgame of reform legislation. The Federation of Exchange Accommodators (FEA) has worked diligently to educate Members of Congress and other policymakers on the importance of Section 1031. These efforts could be undone, however, as higher profile issues consume the attention of the House and Senate tax-writing committees.
The FEA is concerned that as tax reform discussions progress, Section 1031 property exchanges may be a target due to its score as a "tax expenditure." The benefits of tax deferred exchanges to a myriad of economic sectors, including commercial / industrial and agricultural real property, manufacturing, transportation, equipment leasing, construction and energy, far outweigh the perceived loss of tax revenue. Section 1031 exchanges are a proven economic stimulator and benefit taxpayers of all sizes. Section 1031 not only encourages reinvestment over profit taking, it provides a strong incentive to keep that investment at home, in the United States, invigorating the economy at large.
The House Ways and Means Committee has established an April 15 deadline for comments on a range of tax reform proposals. The email address for submitting comments is firstname.lastname@example.org.Media Contact David BrownPresident, FEA(515) 279-1111 dbrown@IPE1031.com David FranasiakWilliams & Jensen(202) 659-8201 email@example.com About the FEA The Federation of Exchange Accommodators is the industry association for professional exchange facilitators, also known as QIs. FEA member companies facilitate tax-deferred exchanges of investment and business use properties under Section 1031 of the Internal Revenue Code for taxpayers of all sizes, from individuals of modest means to high net worth taxpayers and from small businesses to large entities. Members represent a broad spectrum of the industry, ranging from small, privately held businesses to large, publicly traded companies and banks, located in small towns to large cities across the nation.