As shared in July, Pennsylvania will finally recognize 1031 exchanges. Pennsylvania residents selling property in or out of the Commonwealth and non-residents selling property in Pennsylvania will not only be able to defer federal gain, but they will also be able to defer Pennsylvania income tax on exchanges initiated after January 1, 2023.
We have had many questions since the announcement. The following are a few FAQs:
Exchanges initiated after January 1, 2023, by transferring title of the relinquished property to a buyer will be eligible for 1031 tax-deferral treatment in Pennsylvania.
Unfortunately, this transaction will not be eligible for 1031 treatment in Pennsylvania. The relinquished property must be transferred to the buyer in 2023 to defer the Pennsylvania income tax.
Pennsylvania’s recognition of 1031 like-kind exchanges are not retroactive. Only exchanges initiated after January 1, 2023 will qualify for tax-deferral treatment.
There is no paperwork to be completed at your closings. You will report your 1031 exchanges when filing your Pennsylvania tax return.
The are no restrictions on where you can purchase replacement property in a 1031 exchange provided it is in the U.S.
The Pennsylvania bill that allows recognition of 1031 exchanges stated the Commonwealth will follow the federal code. Therefore, no further regulation is expected.
Tax-deferral treatment is only eligible if the relinquished property is transferred to a parked replacement property transferred to the Exchanger. If the relinquished property is transferred to a buyer after January 1, 2023, the exchange will qualify for tax-deferred treatment in Pennsylvania.
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