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Rhode Island

1031 Exchanges
Rhode Island

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.

Rhode Island State Taxes

Rhode Island Real Estate Withholding Taxes

In Rhode Island, real estate sales are subject to withholdings for nonresident sellers. The real estate tax withholding rules are as follows:

  1. Withholding Requirement:
    • For nonresident individuals, estates, partnerships, or trusts, the buyer must withhold 6% of the net proceeds or gain.
    • For nonresident corporations, the withholding rate is 9%.
  2. Exemption for 1031 Exchanges:
    • Nonresident sellers can be exempt from withholding if they complete RI Form 71.3, Nonresident Election of Gain and Certificate of Withholding Due, and indicate that the sale will not be subject to tax because they are performing a 1031 exchange.
  3. Methods of Withholding:
    • Net Proceeds Method: Withholding is based on the net proceeds from the sale.
    • Gain Method: Withholding is based on the gain realized from the sale. The seller must elect this method by submitting the RI 71.3 Election form at least 20 days before closing.
    • Installment Sales Method: Withholding is based on the gain recognized in the year of sale, calculated using the installment sale schedule.
  4. Exemptions:
    • Sales by organizations exempt from taxation under the Internal Revenue Code or by their charter are exempt from withholding. The seller must provide a notarized Affidavit of Exempt Seller to the buyer, or the deed must recite the exempt status.
  5. Special Entities:
    • Certain entities, such as the Federal Deposit Insurance Corporation and the Federal National Mortgage Association, are exempt from the withholding requirement without needing an affidavit or recital of exempt status in the deed.

For more detailed information, you can visit the Rhode Island Division of Taxation website at www.tax.ri.gov.

Rhode Island Capital Gains Tax Rates

State Tax Rate

5.99%

Local Tax Rate

0.00%

Combined Tax Rate

30.99%

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 phase-out range for the personal exemption and deduction is $203,850 - $227,050. The exemptions and deductions are completely phased-out at a modified Federal AGI of $227,050.

How does a 1031 exchange work in Rhode Island?

Rhode Island 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 Rhode Island

Deferred

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Deferred.com Resources

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