Structuring 1031 Like-Kind Exchanges: Preserving Tax-Deferred Treatment for Real Estate Sales Transactions

Recording of a 90-minute CLE/CPE webinar with Q&A


Conducted on Thursday, November 2, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide real estate counsel with the latest developments concerning IRC Section 1031, examine the requirements for like-kind property exchanges to qualify for tax-deferred treatment, and provide best practices for structuring transactions to avoid adverse tax consequences after closing.

Description

Recent developments concerning Section 1031 like-kind property exchanges and tax deferral benefits demonstrate that counsel and tax advisers must be fully up to speed on the requirements of a 1031 transaction. The use of entities such as Delaware Statutory Trusts (DSTs) presents compliance issues that counsel must prepare to navigate.

Failure to observe the 1031 rules will cause a like-kind exchange to become a taxable event. Counsel must correctly structure 1031 exchanges in accordance with IRS requirements or risk unraveling exchanges, amending tax returns, or unexpected tax obligations for clients.

From defining the role of the qualified intermediary in complex structures such as forward or reverse exchanges, to navigating related-party rules, there are several pitfalls for unprepared counsel.

Listen as our experienced panel reviews and offers their insights into recent 1031 developments. The panel will provide attendees with best practices for documenting a 1031 exchange and avoiding unwanted tax consequences.

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Outline

  1. Framework of 1031 exchanges
  2. Reverse exchanges
  3. Forward exchanges
  4. Tenants in common and DSTs
  5. Section 1031(f) related-party rules
  6. Legislative developments—impact of proposed tax reform

Benefits

The panel will review these and other key issues:

  • What types of exchanged properties are more likely to be considered sufficiently “like-kind” and receive tax deferral?
  • What is the role and what are the restrictions of the qualified intermediary?
  • How can counsel help clients avoid the 1031(f) restrictions against related-party exchanges?
  • What is “holding period requirement” under Section 1031?
  • What are the requirements for a reverse exchange under Section 1031?

Faculty

Mandarino, Joseph
Joseph C. Mandarino

Partner
Smith Gambrell & Russell

Mr. Mandarino's practice focuses on corporate, tax and finance law. He is involved with a wide variety of...  |  Read More

Pajonas, Todd
Todd R. Pajonas, Esq.

President
Legal 1031 Exchange Services

Mr. Pajonas has been working in the real estate and title insurance industries since 1992 and currently focuses on IRC...  |  Read More

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