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Real estate industry

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Planning and drafting the deferred like-kind real estate exchange

Article Abstract:

Many taxpayers want to take advantage of IRC section 1031 like-kind real estate exchanges but are unable to make a simultaneous exchange and so need a deferred exchange agreement. Regulations section 1.103(k)-1 provisions, made final in Apr 1991, clarified the timing and procedural section 1031 compliance issues as well as solving planning and structuring problems. Though not all questions were resolved, the new provisions allow practitioners to manage deferred like-kind real estate exchanges with minimum confusion. A sample deferred exchange agreement is included.

Management

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Report on the application of section 1031 to reverse exchanges

Article Abstract:

Further guidance is needed for the taxation of reverse exchanges under IRC section 1031. This section applies to reverse exchanges of real estate in which a replacement property is given before the other property is exchanged. The text of a proposed regulation is presented as possible guidance. The proposed regulation would exempt reverse exchanges and intermediaries from some subsections of IRC section 1031.

Real property tax, Real property taxes

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Long-awaited IRS guidance on "parking arrangements" facilitates like-kind exchanges

Article Abstract:

The author discusses IRS rev. proc. 2000-37, which defines tax arrangements for like-kind exchanges situations known as 'parking arrangements', creating a safe harbor for them.

United States, Like-kind exchanges, Safe harbor (Taxation)

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