Deferring gain on investment real estate, on a calendar that cannot be extended.
Esshaki Legal Media TeamCurrent as of June 2021
A like-kind exchange defers recognition of gain on the disposition of real
property held for investment or productive use in a trade or business, where
replacement property is acquired.
Real property only. The provision now applies to real property; personal
property exchanges no longer qualify.
The deadlines. Replacement property must be identified within forty-five
days of transferring the relinquished property, and acquired within one hundred
eighty days or the tax return due date, whichever is earlier. These are
statutory and are not extended for ordinary hardship.
Identification rules. Up to three properties regardless of value, or any
number whose aggregate value does not exceed twice the relinquished property’s
value, or any number if ninety-five percent of the identified value is acquired.
Identification must be in writing, signed and delivered.
Qualified intermediary. The taxpayer must not receive or control the
proceeds. A qualified intermediary holds them under an exchange agreement, and
constructive receipt destroys the deferral.
Boot. Cash or other property received, and relief from liabilities not
offset, is taxable to the extent of gain.
Reverse and improvement exchanges are possible through parking arrangements
with an exchange accommodation titleholder, within safe harbor conditions.
Related party rules impose holding periods and anti-abuse limits that catch
family and entity transactions.