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Reverse Like-Kind Exchanges

Learn the basics as well as the subtleties, pitfalls and advanced strategies of reverse exchanges.

Often, a real estate firm or investor identifies property that it desires to acquire with tax-deferred capital; however, the firm or investor is not yet ready to sell any of its property for use in a tax-deferred like-kind exchange under Internal Revenue Code § 1031. A 'reverse' like-kind exchange is a technique that allows holders of real estate to acquire 'replacement property' (generally) up to 180 days prior to its disposition of 'relinquished property' in a tax-deferred § 1031 exchange. This topic helps real estate holders and their advisors understand the mechanics of effectuating a reverse like-kind exchanges. Additionally, this material will educate you on the tax and practical considerations that arise when planning or during a reverse like-kind exchange. This topic will also cover certain special topics with respect to reverse like-kind exchanges, including tenancies in common, nonsafe harbor exchanges, and construction (build-to-suit) exchanges.

Runtime: 89 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction

  • What Is a Reverse-Like Kind Exchange?
  • When Is It Appropriate to Undertake a Reverse Like-Kind Exchange? - Tax and Practical Considerations

Like-Kind Exchanges, Generally

  • Basic Requirements
  • Safe Harbors
    • Qualified Intermediary
    • Qualified Escrow Accounts and Qualified Trusts

"Safe Harbor" Reverse Like-Kind Exchanges (Under Rev. Proc. 2000-37)

  • Setting up the Exchange
    • "Exchange Last" or "Exchange First"
    • Qualified Exchange Accommodation Arrangements and Use of Exchange Accommodation Titleholder (EAT)
    • Permitted Arrangements Between EAT and Taxpayer
    • Use of Disregarded Entities
    • Lender Considerations
    • Transfer Taxes
  • "Parking" Period
  • Unwinding the Arrangement
    • Transfer of Replacement Property
    • Transfer Taxes

Special Topics

  • Tenancies in Common
  • Non-Safe Harbor Reverse Like-Kind Exchanges
  • Construction (Build to Suit) Exchanges
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on May 23, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Aaron S. Gaynor

Aaron S. Gaynor

Roberts & Holland LLP

  • Associate at Roberts & Holland LLP in New York, New York
  • Tax practice focused on real estate industry, in particular, I.R.C. § 1031 like-kind exchanges and real estate investment trusts (REITs); other practice areas include New York State and City taxes (including realty transfer taxes and sales tax) and I.R.C. § 467 leases
  • Regular panelist at Sales, Exchanges & Basis Committee of American Bar Association Tax Section
  • Co-wrote (with Vivek A. Chandrasekhar) Techniques for Using Boot in a Like-Kind Exchange to Liquidate a Partner in a Real Estate Partnership, Tax Management Real Estate Journal (Vol. 32, No. 1, Jan. 6, 2016)
  • Member of American Bar Association Tax Section (Sales, Exchanges & Basis Committee) and National Association of Real Estate Investment Trusts (NAREIT)
  • J.D. degree, Benjamin N. Cardozo School of Law (Yeshiva University); LL.M. degree in taxation, New York University; B.A. degree, Brandeis University
  • Can be contacted at [email protected]
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Product ID: 400239
Published 2017
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