Discussion:1031 Exchange - Business Vehicles

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Discussion Forum Index --> Advanced Tax Questions --> 1031 Exchange - Business Vehicles
Discussion Forum Index --> Tax Questions --> 1031 Exchange - Business Vehicles

TaxNewby (talk|edits) said:

27 November 2008
Taxpayer exchanges a Toyota Pickup worth $15,000 and a Toyota Camry worth $10,000 for a Ford Pickup worth $10,000 and a Ford Mustang worth $15,000. No cash changed hands and there was no debt on any of the automobiles. My boss says that there is $5,000 in boot on this transaction. I say that since no there was no cash or debt involved, there is no boot. Who is right?

Solomon (talk|edits) said:

27 November 2008
You might look at ยง1.1031( j )-1.

TaxNewby (talk|edits) said:

27 November 2008
Ok, I read that reg section. I agree that reg section would apply if a Toyota is not like-kind to a Ford or a Pick-up is not like-kind to a Sedan. I vaguely remember reading that a pick-up truck is not like-kind to a passenger auto.

Solomon (talk|edits) said:

27 November 2008
If it applies, (your boss must think it does) there is an exchange deficiency of $5K.

JackDaniel (talk|edits) said:

27 November 2008
Yes, I believe that pick-ups are not like-kind to passenger automobiles.

ReadMyLips (talk|edits) said:

27 November 2008
Taken from RIA federal tax coordinator:

RIA observation: Presumably, since a car, van, and SUV are not different in nature or character (see footnote 18.1), an exchange of a truck for a van or SUV would, like an exchange of a truck for an automobile (see footnote 30.1), not be a like-kind exchange.

18.1 IRS Letter Ruling 200241013 ; IRS Letter Ruling 200242009 ; IRS Letter Ruling 200240049 ; IRS Letter Ruling 200450005 .

30.1 IRS Letter Ruling 200241013 ; IRS Letter Ruling 200242009 ; IRS Letter Ruling 200240049 .

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