Originally posted by @Dave Foster:
@Akash Y. the 1031 exchange can be a powerful tool for the foreign investor to avoid the withholding required under FIRPTA. There are two ways that it can work for you - either through simultaneous exchange where both sale and purchase happen concurrently to the satisfaction of the selling escrow company. The other option is if you first obtain a certificate of non-withholding that exempts you from FIRPTA withholding as you complete a regular deferred 1031 exchange.
Even if you cannot do a simultaneous exchange and fail to get a withholding certificate in time you can still complete the 1031 exchange and report a sale with a non-recognition of gain on your next tax filing.
But if you mean that you recently closed on a sale then you're opportunity to complete a 1031 exchange is over. A qualified intermediary must be in place and the sale documented as a 1301 exchange with you not touching the proceeds in order to be valid.
Hi David
Thanks for clearing this up. I guess I didn't initiate the 1031 before the sale of the first properties. I now know for next time.
I actually avoided firpta because I sold to someone who was going to use the home as a primary residence and sale price was under 300k.
Do you do 1031 exchanges or taxes for foreigners? You seem to have more knowledge than the average person and I'm looking for someone assistance going forward.
Thank you