1031 Exchanges Outside of the United States: Are They Possible?
If you are an investor in real estate, you’re probably aware of the benefits of using a 1031 exchange as appose to selling outright. An exchange defers your capital gains taxes, keeps your money working for you, and helps to build equity and maximize your returns. But 1031 exchanges are allowed not only for the good of the investor; by allowing investors to move their capital to the most advantageous investments, section 1031 stimulates the U.S. economy.
The fact that 1031 exchanges are intended to boost the U.S. economy raises the question of whether one can exchange a property for one located overseas. The short answer is no. The taxes you can save by using a 1031 exchange as appose to selling without one, is a deferment, which indicates that even though you are temporarily pardoned from having to pay federal capital gains taxes, the U.S. government will still want to collect the money if you sell your property at some point in the future. It is difficult and sometimes impossible for the IRS to collect taxes on the sale of foreign property.
If 1031 tax exchanges are limited to the U.S. so that the economy will benefit and the IRS will be able to collect capital gains taxes in the future, then you may be wondering what rules apply to U.S. areas like Guam, the U.S. Puerto Rico and Virgin Islands. In private letter rulings, the IRS has stated that a Virgin Islands property can only qualify as like-kind in an exchange with a U.S. property if it produces income, which is more restrictive than the typical requirements for a like-kind exchange, which state that the property has to be held for your trade or business or as an investment.
So if you are considering making an exchange outside of the fifty states (and Washington D.C.), make sure that the replacement property will be considered to be like-kind to the property that you are exchanging it for. To be completely sure about this, it might not be a bad idea to request a private letter ruling for your individual case.
U.S. investors can save a lot of money by utilizing 1031 tax exchanges to defer all of their capital gains tax on the sale of investment property. 1031 exchanges are like an interest free loan from Uncle Sam..

