What is “Like-Kind”?

In a 1031 Exchange, a taxpayer can defer the capital gains tax on the sale of certain property if the proceeds are reinvested in a “like-kind” property.

For 1031 exchanges, the definition of like-kind is relatively broad. In the context of real estate, like-kind generally refers to the nature or character of the property rather than its grade or quality. This means that most real estate will be considered like-kind to other real estate, regardless of differences in location, use, or other factors. It’s important to note that personal residences generally do not qualify for like-kind exchanges under Section 1031.

However, other types of real estate, such as investment properties, business properties, and certain types of land, can often be exchanged. Also, structures like a Delaware Statutory Trust (DST) can also be considered like-kind in the context of an exchange.

For example, a taxpayer could exchange a residential rental property for a commercial office building, vacant land, or any other type of real property considered like-kind. The key is that both the property being sold (the relinquished property) and the property being acquired (the replacement property) must be held for investment or for productive use in a trade or business.

It’s crucial to follow the rules and guidelines outlined in Section 1031 of the IRC to ensure that the exchange qualifies for tax deferral. Additionally, it’s recommended to consult with tax professionals or legal advisors familiar with 1031 exchanges to navigate the complexities and ensure compliance with current tax laws.