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Maryland

1031 Exchanges
Maryland

What is a 1031 exchange?

A 1031 exchange is a tax strategy that allows you to defer paying capital gains taxes when you sell an investment property, as long as you reinvest the proceeds into a new, like-kind property. This means you can sell one property and buy another similar one without immediately paying taxes on any gains from the sale.

These like-kind exchanges are covered under Section 1031 of the Internal Revenue Code (hence the name "1031 Exchanges") and apply to federal capital gains taxes. However, each state has their own tax code, and may have different rules for real estate tax withholdings, the ability to complete a tax-deferred sale, or the rules around like-kind exchanges. Below we'll dive deep into these state-level specifics.

Maryland State Taxes

Maryland Real Estate Withholding Taxes

  1. Who Needs to Withhold:
    • If you're a nonresident individual or a nonresident entity selling property in Maryland, there's a requirement to withhold a portion of the sale proceeds for state taxes.
  2. Withholding Rates:
    • Nonresident individuals: 8% of the total payment from the sale.
    • Nonresident entities: 8.25% of the total payment from the sale.
  3. Exemptions:
    • You can apply for an exemption from withholding if you're doing a 1031 exchange and there's no taxable gain (boot). To do this, submit Form MW506AE to the Maryland Comptroller’s Office at least 21 days before closing.
    • If the property is your principal residence, or if you're a resident of Maryland, you can certify this to avoid withholding.
    • No withholding is needed for foreclosures, deeds in lieu of foreclosure, or transfers by government entities.
  4. Process:
    • The withheld amount is collected when the property deed is recorded.
    • This amount is then sent to the Maryland Comptroller.
  5. Liability:
    • The buyer, real estate agents, and others involved in the transaction aren't responsible for the withholding amount. It's the seller's responsibility.
  6. Regulations:
    • The Maryland Comptroller provides guidelines and forms to help with this process, including how to apply for exemptions or refunds if too much tax is withheld.

Maryland Capital Gains Tax Rates

State Tax Rate

5.75%

Local Tax Rate

2.85%

Combined Tax Rate

30.75%

Deductions

None

The Combined Rate accounts for Federal, State, and Local tax rate on capital gains income, the 3.8 percent Surtax on capital gains and the marginal effect of Pease Limitations (which results in a tax rate increase of 1.18 percent).

Income Taxes

The standard deduction is 15% of income with a minimum of $1,500 and a cap of $2,300 for single filers, married filing separately filers and dependent filers. The standard deduction is a minimum of $3,000 and capped at $4,600 for married filing jointly filers, head of households filers and qualifying widowers. The exemption amount has the following phase out schedule: If AGI is above $100,000 but below $150,000 for single filers, and above $150,000 but below $200,000 for married couples, the $3,200 exemption begins to be phased out; if AGI is above $150,000 for single filers and above $200,000 for married filers, the exemption is phased out entirely.

How does a 1031 exchange work in Maryland?

Maryland 1031 Exchange Rules

Many states recognize and follow the federal rules for a qualifying 1031 exchange. We recommending reviewing these resources for 1031 exchanges at the federal level - learn about the rules for an exchange, the key deadlines you must meet, and why you are required to work with a Qualified Intermediary like Deferred.com.

1031 Exchange Companies in Maryland

Deferred

Nationwide, including Maryland

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Plenti 1031 Exchange
deferred.com
Verified

Carlsbad, CA

Just a few clicks away from easy, simple, answers and tax savings...the only investor friendly 1031 firm with technology to safeguard and streamline your exchange.
West Patrick Exchange Corp.
deferred.com
Verified

Frederick, MD

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