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Holdback

A sum of money that remains unpaid until certain conditions are met; A sum of money kept as a reserve to cover dertain contingencies; Portion of a construction amount that is not released until a certain stage is reached (such as completion of the foundation.

Holding Period

As it pertains to Section 1031, a holding period is a threshold requirement of a valid exchange that the properties sold and purchased were held for a period of time as investment or for use in a business or trade. The regulations do not set forth a minimum holding time as a safe harbor, rather it is a facts and circumstances test. Other definitions of holding period exist in tax law and elsewhere.

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