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Tax

Jul. 29, 2019

Exchanging California for out-of-state property creates extra 1031 hurdles

Section 1031 is one of the few tax Code sections everyone seems to know. It is even routinely used as a verb. It says that if a taxpayer exchanges real estate for like-kind real estate, gain on the exchange is deferred until the replacement property is sold.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

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Section 1031 is one of the few tax Code sections everyone seems to know. It is even routinely used as a verb. It says that if a taxpayer exchanges real estate for like-kind real estate, gain on the exchange is deferred until the replacement property is sold. In 2018 and later, Section 1031 treatment is only available for real estate, so swaps of bitcoin for ethereum, swaps of private aircraft, paintings, or coin collections don't qualify.

Section 1031 re...

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