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Like-Kind Exchanges - Real Estate Tax Tips

The following information originates from the United State Internal Revenue Service's website, http://www.irs.ustreas.gov/.

 

Generally, if you exchange business or investment property solely for business or investment property of a like kind, no gain or loss is recognized under Internal Revenue Code Section 1031. If, as part of the exchange, you also receive other (not like-kind) property or money, gain is recognized to the extent of the other property and money received, but a loss is not recognized.

Section 1031 does not apply to exchanges of inventory, stocks, bonds, notes, other securities or evidence of indebtedness, or certain other assets.

Like-Kind Property

Properties are of like kind if they are of the same nature or character, even if they differ in grade or quality. Personal properties of a like class are like-kind properties. However, livestock of different sexes are not like-kind properties. Also, personal property used predominantly in the United States and personal property used predominantly outside the United States are not like-kind properties.

Real properties generally are of like kind, regardless of whether the properties are improved or unimproved. However, real property in the United States and real property outside the United States are not like-kind properties.

Additional Resources

Publication 544, Sales and Other Dispositions of Assets

Form 8824, Like-Kind Exchanges (PDF)

This information originates from the United State Internal Revenue Service's website, http://www.irs.ustreas.gov/.


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