Question: Your client decided to do a like-kind exchange. However, she did not use a qualified intermediary. Instead, she took the money from the sale and waited to purchase a replacement property later. Can she report this as a like-kind exchange?
Answer: Unfortunately, the answer is no. That is because she received the proceeds from the sale of the relinquished property (referred to as “constructive receipt”). [§1031(b)]
She may still qualify to defer recognizing the gain by reinvesting in a Qualified Opportunity Fund (QOF) within 180 days of the first sale. For more information, see the IRS’s webpage on investing in Qualified Opportunity Funds.
About National Association of Tax ProfessionalsThe National Association of Tax Professionals (NATP) is the largest association dedicated to equipping tax professionals with the resources, connections and education they need to provide the highest level of service to their clients. NATP is comprised of over 23,000 leading tax professionals who believe in a superior standard of ethics and exemplify professional excellence. Members rely on NATP to deliver professional connections, content expertise and advocacy that provides them with the support they need to best serve their clients. The organization welcomes all tax professionals in their quest to continually meet the needs of the public, no matter where they are in their careers.
The NATP headquarters is located in Appleton, WI. To learn more, visit www.natptax.com.
Information included in this article is accurate as of the publish date. This post is not reflective of tax law changes or IRS guidance that may have occurred after the date of publishing. All taxpayer circumstances are different, and NATP recommends contacting research services if you have specific questions about your clients’ tax situations.