Tax Field Guide

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Real Estate & Land

Like-Kind Exchanges

Overview

Under section 1031, swap investment or business real estate for similar property and defer the tax on the gain.

IRS scrutiny

Widely used and generally accepted when the rules are followed.

Common questions

What are the deadlines in a like-kind exchange?

Replacement property must be identified within 45 days after you transfer the property you are giving up, and received within 180 days or by the due date of your return for that year (with extensions), whichever is earlier. Only real property held for business or investment qualifies.

Source: 26 U.S.C. ยง1031(a)(3)

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