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1031 Replacement Exchange – What’s considered like-kind exchanges?

What type of 1031 Replacement Property
Qualify for a 1031 ‘Like-Kind’ Exchange?

In order to qualify for a 1031 Exchange, your new 1031 replacement property must be classified as a 1031 ‘like-kind’ exchange. For Real Property 1031 exchanges, this doesn’t refer to the quality or grade of the property, but rather to the character or nature.

For example, if the real property concerned is unimproved or improved is not the issue and that only applies to the quality or grade of the investment and not to its class or kind. Generally speaking, all real property is classified as like kind with other real property.

However with personal property exchanges , both the 1031 replacement property and the relinquished one need to be in either the same product class or general asset class.

In order for 1031 like kind exchanges to qualify in the eyes of the IRS, the Exchanger is obligated to hold the relinquished property for an investment or for “productive use in their trade or business,” and must plan to do likewise with the 1031 replacement exchange property. The following list are illustrations of 1031 like kind properties which will qualify for a 1031 tax exchange:

  • Commercial for residential and vice versa
  • A 30 year leasehold for a fee simple interest
  • Trucks for trucks
  • Raw land for rental income property.
  • Corporate jet for a twin-engine airliner (business related)
  • Apartment Duplex for a residential house rental
  • Cattle for cattle, sheep for sheep… (the livestock must be like-kind)
  • A bungalow log cabin for a doctor office in which the 1031 Exchanger plans to use as office only.
  • Mitigation credits for renovating wetlands for other similar mitigation credits.

Since this topic can be complicated and the above list is just a sample. If you have any question at all regarding 1031 like kind exchanges and what suitable 1031 replacement properties are viable, and we’ll get you the answers you need to proceed.

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This entry was posted on May 20th, 2008
Categories: 1031 Exchange - Westwood sells 1031 Properties for your 1031 Tax Exchange
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Westwood Net Lease Advisors is a Leading U.S. Real Estate Investment Brokerage Firm Selling "Single" Tenant Triple Net Properties (NNN Properties), Shopping Centers, NNN Office and Industrial Buildings, 1031 Exchange Vehicles & Other Alternative Passive Real Estate Investments.