Forms of Exchange
Real Property Exchange - Real Property is like kind to other real property.
Therefore raw land, business real estate, rental or income property, or a
lease-hold interest whose duration is 30 years or more can all be exchanged
for each other.
Personal Property Exchange - Tangible and intangible depreciable assets.
Personal property is like kind to properties with the same asset class or
product code.
Delayed or Forward Exchange - The taxpayer relinquishes the currently owned
property first and then acquires the replacement property second. Both must
be accomplished in 180 days through the services of a Qualified
Intermediary. The first 45 days are an identification period wherein the
taxpayer formally identifies the property to be acquired in the exchange.
Reverse Exchange - Similar to the delayed exchange except that the taxpayer
acquires the replacement property first and then sells off the relinquished
property during the 180 day period that follows. The replacement property
selected by the taxpayer must be a new acquisition. Therefore the EAT
"exchange accommodation titleholder" will hold title to one of the
properties during the exchange in order for the taxpayer to receive a new
property after his relinquished property is sold.
Build to Suit or New Construction Exchanges - An exchange wherein the EAT
"exchange accommodation titleholder" holds title to the replacement property
during the exchange in order to fund improvements to the property before the
taxpayer receives it. In this way the taxpayer receives the value of the
land and the improvements when he takes possession of the property at end of
the exchange.
Simultaneous Exchange - The purest form of exchange where the taxpayer
relinquishes property and takes title to the replacement property on the
same day. In recent years it has become increasingly challenging to close on
two properties simultaneously. These exchanges usually have constructive
receipt problems and many times are disallowed. By enlisting the services of
a Qualified Intermediary the taxpayer can take advantage of the Safe Harbor
provisions of the 1031 regulations and avoid the risks associated with the
simultaneous exchange.
Call toll free for more information 1-888-611-1031.