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Georgia

1031 Exchanges
Georgia

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.

Georgia State Taxes

Georgia Real Estate Withholding Taxes

In Georgia, the real estate tax withholding rules for nonresident sellers are as follows:

  1. Withholding Requirement: Nonresident sellers of Georgia real property are subject to a withholding tax of 3% of the sales price. Alternatively, if the seller completes an Affidavit of Seller’s Gain (Form IT-AFF2), the withholding can be 3% of the gain.
  2. Exemptions: There are several exemptions to the withholding requirement:
    • 1031 Exchange: Sellers performing a 1031 exchange with all income from the sale not being subject to federal or state income tax are exempt from withholding. They must complete a Certificate of Exemption (Form IT-AFF3).
    • Principal Residence: If the property is a principal residence under the Internal Revenue Code, the exemption applies for the gain excluded from Federal AGI.
    • Other Exemptions: Include transactions under 20,000, tax liability under 600, foreclosures, sales involving federal or state agencies, composite returns, and sales by tax-exempt organizations or insurance companies.
  3. Filing and Payment: The buyer or transferee must file the required return and remit payment to the Georgia Department of Revenue by the last day of the month following the month of the sale.
  4. Documentation: The seller may need to provide affidavits to document exemptions or the amount of gain. Forms like IT-AFF1 (for deemed residency) and IT-AFF2 (for gain) are used for this purpose.

For more detailed information, you can refer to the Georgia Department of Revenue's website or contact their Withholding Processing Unit.

Georgia Capital Gains Tax Rates

State Tax Rate
5.75%
Local Tax Rate
0.00%
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

A tax credit is allowed to Georgia residents for income taxes paid to other states.

How does a 1031 exchange work in Georgia?

When it comes to conducting a 1031 exchange, the process and rules are generally consistent across the United States, including Georgia. The uniqueness doesn't necessarily come from differing laws or regulations specific to Georgia, as the Internal Revenue Code (IRC) Section 1031, which governs these exchanges, applies uniformly across all states.

However, what can make a 1031 exchange in Georgia unique might be more about the real estate market conditions and investment opportunities specific to the state. For example, Georgia, particularly areas like Atlanta, has been experiencing significant growth in both residential and commercial real estate markets. This growth can provide unique opportunities for investors looking to reinvest in a dynamic and expanding market.

Additionally, Georgia's diverse economy, which includes sectors like technology, agriculture, and manufacturing, can offer a variety of property types for investment. This diversity allows for potentially beneficial exchanges that might not be as readily available in other regions.

Georgia 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 Georgia

Deferred

Nationwide, including Georgia

8,000+ Exchanges (and counting...) - Deferred is redefining how 1031 exchanges should be. Our experienced team delivers a service level that exceeds expectations, with no fee—while earning you interest on your exchange funds.

No Fee + Earn Interest
  • Simple & compliant process
  • No hidden fees or upsells
  • Forward Exchange for No Fee

1031 Exchange Brokers Serving Georgia

Jared Kaye

Matthews

jared.kaye@matthews.com

Jared Kaye is the Senior Vice President at Matthews Real Estate Investment Services™, specializing in investment sales of single-tenant net lease assets, strip centers, sale-leasebacks, portfolio dispositions, and capital facilitation. Before joining Matthews™, Jared was a First Vice President of Investments and Senior Director at Marcus & Millichap, where he partnered with Sonny Molloy. Together, they have closed over $2.9 billion in transactions across 29 states and facilitated more than $500 million in capital.

Jared takes a client-centric, relationship-driven approach, leveraging market expertise and tailored solutions to meet his clients’ objectives. He holds a B.S. in Finance with a specialization in Real Estate from the University of Florida, with real estate licenses in Georgia, Florida, and South Carolina. Jared is also an active member of the International Council of Shopping Centers and the Atlanta Jewish community, recognized as “40 Under 40” in 2022. He enjoys spending time with his wife, Hannah, and their children, Caleb, Ari, and Maren, and is a fan of the Florida Gators, golf, and tennis.

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PROFESSIONAL ACCOMPLISHMENTS

  • Crexi Platinum Broker – 2023, 2022, 2021
  • Atlanta Jewish Times 40 Under 40 – 2022
  • Connect CRE Next Generation Winner – 2023
  • Marcus & Millichap National Achievement Award – 2022, 2021
  • Marcus & Millichap Sales Recognition Award – 2023, 2022, 2021, 2020, 2019, 2018
  • Marcus & Millichap Senior Investment Advisor Inductee – 2022

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AFFILIATIONS AND MEMBERSHIPS

  • International Council of Shopping Centers (ICSC)
  • Georgia Real Estate Commission
  • License No. 348701 (GA)
  • Florida Real Estate Commission
  • License No. SL3224428 (FL)
  • South Carolina Real Estate Commission
  • License No. 129648 (SC)

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Specialty: Retail

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Zak Elfenbein

Engel & Völkers

zak.elfenbein@evatlanta.com

Specialty: Residential

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