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Tuesday, May 18, 2010

CALIFORNIA LEGISLTIVE BILL WOULD REPEAL IRC SECTION 1031 AND OTHER TAX-FREE EXCHANGE PROVISIONS IN CALIFORNIA

As an apparent attempt to increase tax revenue California, A.B. 2640, introduced on February 19, 2010, would repeal IRC Section 1031 and several other tax-free exchange provisions of the Internal Revenue Code for California income tax purposes. Section 1031 is widely used by taxpayers, principally to engage in tax-free exchanges of business or investment real estate for other like-kind real property. Over time, the IRS has made Section 1031 a user friendly provision by allowing deferred exchanges where funds are held by a neutral third party while the exchanging taxpayer looks for replacement property.

Other sections of the Internal Revenue Code that would be repealed for California income tax purposes include: i) Section 1032 which permits a corporation to issue its stock for money or property without paying income tax on the proceeds; ii) Section 1033 which permits the tax-free replacement of property that has been condemned or involuntarily converted to cash as the result of a casualty; iii) Section 1035 which allows for the tax-free exchange of certain insurance policies; iv) Section 1041 which permits spouses to transfer property to each other incident to a divorce without recognizing taxable gain; and v) Section 1042 which allows sales of certain companies to an employee stock ownership plan (“ESOP”) without recognizing gain for tax purposes if the proceeds of the sale are invested in certain types of qualifying investments.

In the present form of the bill, these repeals would be effective starting with the current 2010 tax year. The provision repealing Section 1042 also changes the rules for tax years between 1998 and 2010 by making the tax free rollover provision inapplicable to sales of S corporations. The repeal of these provisions by California would cause a serious lack of conformity between Federal and California tax law and act as an impediment to many types of transactions. The bill has been referred to the Committee on Revenue and Taxation and a hearing on the bill has been scheduled for May 3. We will keep you posted on further developments.

Posted by Jones RE at 11:17 PM
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About Greg Jones

Greg Jones is the Broker and President of Jones Real Estate. Greg has been involved in Commercial Real Estate since 1978 and has credentials from USC. He is a native of California, which only helps him to better serve his clients and their needs. Greg lives and breaths Real Estate and is constantly seeking investment and development opportunities. Greg is also the President of G&M Management Services, Inc. G&M Management is a full service property management company that was established in 1984. Greg is very involved with Rotary International and is an active member with the Boys and Girls Club of La Habra and Brea.

Affiliations

  • California Association of Realtors
  • National Association of Realtors
  • Orange County Commercial Association of Realtors (OCCAR)
  • International Council of Shopping Centers (ICSC)
  • American Industrial Realtors Association (AIR)
  • Realty Investment Association of California (RIAOC)
  • The Broker Investment Guide
  • The Smith Guide
  • Property Line
  • LoopNet
  • CoStar Group
  • Property By Net
  • Yardi Systems - Property Management
  • REA
  • CoStar - ARES
  • Member of Whittier, Brea, and La Habra Chambers of Commerce

About Jill Valentine Jones

Jill has been licensed in real estate since 1991 and obtained her brokers license in 2005. Upon graduating with a Bachelor of Arts Degree in communications from the University of Southern California in 1989, Jill began her real estate career with the Warren Companies, as a Leasing Agent and Property Manager. Her responsibilities included leasing office and Industrial Space in the Irvine Spectrum, negotiating service contracts, managing the annual building budget, and implementing marketing programs for the project. In addition, she implemented advertising campaign and ad placement for vacant office space, as well as handling lease negotiations and preparation.

To further advance her career, Jill was hired by R&B Commercial Management, a national leasing and property management company, from 1991 to 1993, as a Leasing Agent and Property Manager. Her first property she worked at was a Class A, 10 story office building in Anaheim. She was in charge of leasing the executive suites to 100% occupancy, where she reached her goal in just a few months. Jill implemented monthly Broker luncheons to promote new business, supervised Tenant Improvements from start to finish, prepared monthly management and marketing reports for building owner, maintained tenant-landlord relations, consistently achieved leasing goals. Jill was promoted within six months to a 500,000 square foot Industrial/Office complex where she was responsible for all leasing and marketing functions.

Prior to forming her own Real Estate Brokerage Corporation, Jill worked for a retail developer, ICI Development in 2004. After forming a broad base of clients, Jill had an opportunity to branch off, to form her own Brokerage Company in 2005. After five years, Jill joined forces with Jones Real Estate where she currently focuses on all aspects of Real Estate. Jill specializes in Landlord and Tenant Representation and has relationships with several regional and national tenants. Jill also represents investors seeking opportunities and also acts as a principle when purchasing investment properties for her own account.

About Mike Horbund

Mike brings twenty-five years of general contracting experience with an emphasis on commercial office and industrial roofing, renovations, and restorations. When we are seeking the most competitive prices and quality of work, Mike knows what to expect out of contractors, while settling performance deadlines and monitoring each stage of any construction process. Mike has been licensed as a Real Estate Agent since 2004 and has continued to focus on property management.

Not only can Mike build it from the ground up, he is very personable which provides for a very professional interface with tenants and owners. Mike is focused on leasing vacancies and locating investment opportunities in today’s ever changing market.

About Mike Perlof

Mike brings to Jones Real Estate eight years of professional experience in the commercial real estate industry. Prior to joining Jones Real Estate, Mikes last professional position was with Mar West Real Estate, one of the nations largest property management firms of Commercial Owners Associations, in the capacity of Property Manager and Executive Assistant. In his capacity as Property Manager, Mike was responsible for the every day management of over twenty-five Commercial Owners Associations in the Orange County, Inland Empire, and Los Angeles areas, which not only included the management of each of the twenty-five business parks, but each corporation as a separate entity. In his capacity as Executive Assistant, Mike worked along side the firms President, Craig Stevens, working with over sixty-five developer clients (including LNR Corporation, Panattoni, Master Development Corporation, Voit Development Company, BaccHus Development Company, Boeing Realty Corporation, The Koll Company, to name a few) in the formation of over seventy-five Commercial Owners Associations.

Mikes natural instincts have advanced his career into Commercial, Office, and Industrial leasing and sales. Mike is a people person and is tenacious at resolving deal point issues which have resulted in the successful closing of very complex lease and sale transactions. He is currently in the process of attaining his CCIM and CPM designations.