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Tax

Jun. 23, 2022

Can you exchange out of California real estate without paying taxes?

Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyers may or not be involved, and there is an entire industry of 1031 accommodators out there.

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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Under 1031 of the tax code, if you exchange real estate for ‘like-kind’ real estate, gain is postponed until you sell your replacement property. Real estate moguls and investors – even big developers – count on this tax provision. But until recent years, it wasn’t just real estate. Starting in 2018, swaps of Bitcoin for Ethereum, exchanges of private aircraft, paintings or coin collections don’t qualify.

Now, only real estate qualifies, an...

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