In a May 8, 2017 Tax Notes article, “Advocates Aim to Preserve Like-Kind Exchange in Tax Reform,” Emily Foster explores the issue of repealing 1031 like-kind exchanges as part of the current tax reform efforts in Washington. In the absence of specific guidance regarding like-kind exchanges in either the House GOP tax reform blueprint or President Trump's one-page tax reform plan, analysts are looking closely at former House Ways and Means Committee Chair Dave Camp's 2014 tax reform draft, in which Camp had proposed repeal of Section 1031 in its entirety.
Incorporating views from both opponents and advocates of like-kind exchange repeal, Foster's article discusses the history of 1031 exchanges, how and by whom like-kind exchanges are currently used and the potential consequences of repeal.
Read the Tax Notes article by Emily L. Foster, reposted with permission from Tax Analysts.
Original publication: Tax Notes by Tax Analysts. “Advocates Aim to Preserve Refers to the "nature or character" of the property and not to its "grade or quality." That is, real property held for investment or the productive use in a trade or business may generally be exchanged on a tax-deferred basis for other real property. Personal property held for investment or the productive use in a trade or business may generally be exchanged on a tax-deferred basis for other personal property, provided the personal property is of "like kind" or "like class." Professional tax advice should be obtained when planning exchanges. Like-Kind Exchange in Tax Reform,” by Emily L. Foster. May 8, 2017, pp. 726-730. For more Tax Notes content, please visit www.taxnotes.com.