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The regulations specify that "all genuine home is like-kind to all genuine home". Therefore, if you are selling a real property interest (anything that you have charge title to) you can search for any kind of real estate as a replacement property. There is a two-pronged test for residential or commercial properties to qualify for IRC 1031 tax-deferral treatment.

The Exchanger's function and intent in holding the residential or commercial property is the vital test. The usage of the residential or commercial property by other celebrations to the exchange (Relinquished Home purchaser or Replacement Property seller) is unimportant. The Relinquished and the Replacement Characteristics must likewise be "like-kind." The term "like-kind" describes the nature or character of the property, overlooking distinctions of grade or quality.

Treas. Reg. 1. 1031( a) -1( b). In essence, all genuine residential or commercial property in the United States is "like-kind" to all other domestic real estate. IRC 1031( a)( 2) specifically offers that real property held mainly for sale does not receive tax deferment under section 1031. Following are examples of certifying properties that might be exchanged: Raw land or farmland for improved realty, Oil & gas royalties for a cattle ranch, Charge easy interest in property for a 30-year leasehold or a Tenant-in-Common interest in property, Residential, Commercial, Industrial or Retail rental residential or commercial properties for any other real estate, Rental ski condo for a three-unit apartment, Mitigation credits for restoring wetlands for other mitigation credits, Under IRC 1031, the following properties for tax-deferred exchange treatment: Stock in trade or other residential or commercial property held mainly for sale (i.

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home held by a developer, "flipper" or other dealer) Securities or other proofs of insolvency or interest, Stocks, bonds, or notes, Certificates of trust or advantageous interests, Interests in a partnership, Choses in action (rights to get cash or other property by judicial proceeding) Foreign real home for U.S. real estate, Goodwill of one service for goodwill of another company.

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