Originally Posted by sungmbh
In 2018 I sold a rental property in Germany (I'm a US citizen) for US$280,000 in July; in the same month, 2018, I purchased a condominium which is currently under construction and will be open for business in 2020 for US$180,000. I made the first down payment for the new condo in October 2018.
The question: can I claim 1039 Like-Kind Exchanges <because the new exchange propoerty I purchased in 2018 will not be ready till 2020, but I already made a 1st down payment.>
Thanks much for any feedback.
yesaslongas you qualify or 1031 exchange rules, you can use the offshore 1031 exchange to pay zero US tax on your foreign real estate transaction.
You must exchange your foreign property for another foreign property or properties. This means you can exchange your rental property in Brazil for an office building in UK or France if you like. You may not exchange your foreign property for a US property; You must identify the exchange property or properties to us in writing within 45 days of closing on your sale property. IRS require a dated and notarized letter to ensure compliance; You must close on the exchange property within 180 days of the sale of your property. If the cash remains in the custodial account for even one day beyond the 180 day limit, the entire transaction is void, all of the tax benefits are lost, and stiff penalties will apply;You may not receive any cash from the transaction until after the purchase of the exchange property has been completed. All cash must be held by a qualified intermediary until the entire transaction is completed. A partial offshore 1031 exchange is acceptable. You are not required to exchange your sale property for one of equal or greater value. You may exchange it for one or more properties that total to less than the sale price. Of course, this will reduce the tax benefit of the offshore 1031 exchange, but it is permissible under the rules.