I sold land in North Carolina for $75,000. I do not want this $75,000 added to my income tax for the year, so I plan to invest it in the purchase of land in Maryland. Will reinvesting the $75,000 prevent this amount from being added to my income tax bill? Also, is this referred to as a 1031 exchange?
The land sold in North Carolina for $75,000 was acquired by purchase, gift, or inheritance; therefore, it has some determinable basis to establish the appropriate gain to report for income tax purposes. You must also establish the proper holding period to determine whether the gain is short-term or long-term capital gain.
The attempt to avoid tax may not be as beneficial as you may assume. Capital gains rates are as low as zero and do not exceed 25% if alternative maximum tax is required to be imposed. In this case, the circumstances do not qualify this transaction for a 1031 exchange.
Generally speaking, the concept of reinvesting in a like-kind asset does not provide exemption from federal or state income tax. State laws, however, don't always follow federal laws.
Tax law is complicated and there are many exceptions to the various rules depending on the nature of the transaction and the type of activities conducted by the taxpayer. So numerous factors must be weighed to establish the tax obligation in your specific circumstance. Be sure to contact your local CPA to understand how the rules affect you.
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Answered by: William B. McAllister, CPA, is the owner of W.B.M. Tax Preparation & Accounting Services in Honesdale, Pa.