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Old 02-27-2005, 05:37 PM
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Join Date: Feb 2005
Location: KY
Posts: 1

'Trading' real estate beyond 1031 180 rule


What is the name of your state?What is the name of your state? AL

>Situation: currently own a townhouse (a PUD, not a condo) in a beachfront complex in Alabama. Ivan did a number on it. It is 23 yrs old and many are left with a tough choice. Developers are making proposals to 'trade' for a new unit (this would be a condo) in a redevelopment on our existing property. This is beachfront and premium with alot of footage.
> Construction time would be 18-24 months, well beyond the 180day 1031 Like/Kind rules. However, with the trade up, no 'money' would be exchanged to trigger a taxable event. If an owner deems to 'sell' after the trade is complete (i.e. take possession), then it is clear this would be a capital gains situation. Unsure what the 'basis' would be because we really don't have appraisals, just real estate market 'comps'.

Any advice or directional information would be appreciated.
  #2  
Old 02-27-2005, 05:58 PM
Senior Member
 
Join Date: Aug 2003
Posts: 1,848
Is this a rental property or personal residence?

If it is a personal residence, 1031 does not apply. It would appear you have a casualty loss, which is deductible on Schedule A.

If it is a rental property, your situation is complicated, and you should speak to a 1031 Facilitator at once. This isn't something that can be adequately explained via a message board.

There are likely instances in which a waiver of time can be obtained, but you really need to speak to a competent facilitator about this. Get references, and CHECK THEM.

Snipes
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This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
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