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By Lauren Speidel, Exeter 1031 Exchange Services

Unraveling the mystery of 1031 Exchanges: Qualified Use Property


Have you received conflicting answers to the same question from different 1031 Exchange Qualified Intermediaries? You are not alone. There are just too many technical and complicated gray areas in the 1031 Exchange industry. Tax codes, regulations and rulings leave many questions unanswered or unclear. These gray areas result is different interpretations, confusing or misleading opinions or incorrect information communicated to investors. We will explain the different interpretations and confusing opinions through an article series entitled Unraveling the Mystery of 1031 Exchanges.

The Qualified Use requirement is just one of many areas that generates lots of confusion and misleading information in the world of 1031 Exchanges. Investors must sell one or more relinquished properties and reinvest in one or more replacement properties that are all held for rental (income production), investment (capital appreciation) or business use to satisfy the Qualified Use requirement and qualify for 1031 Exchange treatment. The properties do not have to produce any cash flow, but they must be held for some type of investment or business use.

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