Discussion:1031 exchange--180 day problem

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

Jump to: navigation, search

Discussion Forum Index --> Advanced Tax Questions --> 1031 exchange--180 day problem
Discussion Forum Index --> Tax Questions --> 1031 exchange--180 day problem

CKCPA (talk|edits) said:

25 January 2008
On a 1031 exchange, one has 180 days to replace the old business property with the new business property. Here's the question. The old property consists of land and a building. The new business property is land, in which a building is currently being constructed. The exchange was for new land plus $500K for the old building and land.

What are the requirements for the $500K to be deferred in a 1031 exchange? The new building will cost approximately $1M to build. The 180 days expires next week. If the taxpayer pays $500 of the construction costs, can that be used against the $500K cash received? In other words, will the 1031 exchange requirements be satisfied...or does the building need to be complete?

Any input is appreciated.

Kevinh5 (talk|edits) said:

25 January 2008
received by whom? hopefully a QI

CKCPA (talk|edits) said:

25 January 2008
It was a qualified intermediary.

Kevinh5 (talk|edits) said:

25 January 2008
I believe that the payment for work completed up to the 180th day (or day payment is made, if earlier) qualifies. Therefore I'd recommend a "progress report" that showed what was done and invoiced to that point - kind of like a builder gets a draw after completing so much.

Dennis (talk|edits) said:

25 January 2008
Revenue Procedure 2000-37

To join in on this discussion, you must first log in.