SUMMARY
Volume 5 of this 2015 award-winning series includes chapters on taxes, assessments, and disputes. PDF Download with 4 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 55
LIKE-KIND EXCHANGES
Jeneé (Gifford) Hilliard
Ronald A. Shellan
§ 55.1 INTRODUCTORY COMMENT
§ 55.1-1 Requirements for Nonrecognition
§ 55.1-2 Parties and Common Terms Defined
§ 55.2 QUALIFIED PROPERTY
§ 55.2-1 Excluded Property
§ 55.2-2 Mixed-Use Property
§ 55.2-3 Exchange in Combination with Another Tax-Free Transfer
§ 55.2-4 Property Held for Sale
§ 55.3 LIKE-KIND REQUIREMENT
§ 55.3-1 Real Property
§ 55.3-2 Personal Property
§ 55.4 EXCHANGE REQUIREMENT
§ 55.4-1 Exchange Defined
§ 55.4-2 Sale versus Exchange
§ 55.4-3 Trade-In Transactions
§ 55.4-4 Change in Identity of Exchange Parties
§ 55.5 TREATMENT OF BOOT
§ 55.5-1 Boot Defined
§ 55.5-2 Taxation of Boot
§ 55.5-3 Offsetting Cash Boot Received with Cash Boot Given
§ 55.5-4 Offsetting Boot Received with Debt Increases
§ 55.5-5 Relief from Indebtedness
§ 55.5-6 Actual and Constructive Receipt—Agency
§ 55.5-7 Forward-Deferred-Exchange Safe Harbor
§ 55.5-8 Section 1250 Recapture
§ 55.5-9 Section 1245 Recapture
§ 55.6 BASIS OF REPLACEMENT PROPERTY
§ 55.7 THREE-PARTY EXCHANGES
§ 55.7-1 Structuring Three-Party Exchanges
§ 55.7-2 Judicial Latitude in Structuring Exchanges
§ 55.7-3 Direct Deeding
§ 55.7-4 Intent to Consummate Exchange
§ 55.7-5 Contractual Interdependence
§ 55.7-6 Assignment of Earnest Money
§ 55.8 DEFERRED (“STARKER”) EXCHANGES
§ 55.8-1 Defined
§ 55.8-2 Identification Requirement
§ 55.8-3 Receipt Requirement
§ 55.9 REVERSE-DEFERRED EXCHANGES
§ 55.9-1 Generally
§ 55.9-2 Three Types of Reverse Exchanges
§ 55.9-3 Revenue Procedure 2000-37
§ 55.9-4 Parking Relinquished Property versus Parking Replacement Property
§ 55.9-5 Title Insurance
§ 55.10 IMPROVEMENT (BUILD-TO-SUIT) EXCHANGES
§ 55.10-1 Defined
§ 55.10-2 Benefits of an Improvement Exchange
§ 55.10-3 Holdback Credits Do Not Work
§ 55.10-4 IRS Basis for Attacking
§ 55.10-5 Identification of Replacement Property
§ 55.10-6 Exchange-Period Issues
§ 55.11 ACCOMMODATORS
§ 55.11-1 Advantages of an Accommodator
§ 55.11-2 Disadvantages of an Accommodator
§ 55.11-3 Qualified Accommodator Is Not an Agent
§ 55.11-4 Qualified Intermediary (Accommodator)
§ 55.11-5 Exchange-Agreement Requirement
§ 55.11-6 No Pledge Agreements Required
§ 55.11-7 Assignments
§ 55.11-8 Disqualified Person
§ 55.12 PARTNERSHIP EXCHANGES
§ 55.12-1 Partnership Basics
§ 55.12-2 Exchange by Partnership
§ 55.12-3 Partnership Interests
§ 55.12-4 Exchanges Involving Multiple Partnerships
§ 55.12-5 Exchange Followed by Transfer to Partnership (Swap and Contribute)
§ 55.12-6 Exchange When Individual Partners Want to Separate Exchange or Cash Out of Partnership
§ 55.12-7 Tenancy-in-Common Arrangements
§ 55.12-8 Electing Out of Partnership Status
§ 55.13 INSTALLMENT SALE AND EXCHANGING
§ 55.13-1 General Rule
§ 55.13-2 Installment Sales and Deferred Exchanges
§ 55.14 RELATED-PARTY EXCHANGES
§ 55.14-1 Overview
§ 55.14-2 Related Party Defined
§ 55.14-3 Examples of Allowable Related-Party Exchanges
§ 55.14-4 Examples of Prohibited Related-Party Exchanges
§ 55.15 STATE TAXATION OF EXCHANGES
§ 55.15-1 Replacement Real Property Located Outside of State
§ 55.15-2 Oregon
§ 55.15-3 Washington Real Estate Excise Tax
Form 55-1 Accommodator Exchange Agreement
Form 55-2 Assignment of Sales Agreement from Exchanger to Accommodator
Form 55-3 Assignment of Purchase Agreement from Exchanger to Accommodator
Form 55-4 Designation of Replacement Property