Structuring 1031 Like-Kind Exchanges: Revisiting "Real Property," Applying 199A Business Deduction

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

Conducted on Thursday, December 12, 2019

Recorded event now available

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Program Materials

This CLE webinar will examine the impact of tax reform on like-kind exchanges under IRC Section 1031 with a particular focus on what now qualifies as "real property" and what constitutes the unadjusted basis of replacement property for purposes of the new IRC Section 199A deduction. The panel will discuss the requirements for like-kind exchanges to qualify for tax-deferred treatment, and provide best practices for structuring transactions to avoid adverse tax consequences after closing.


Failure to observe the Section 1031 rules will cause a like-kind exchange to become a taxable event. Advisers must correctly structure Section 1031 exchanges or risk unraveling exchanges, amending tax returns, or exposing clients to unexpected tax obligations.

From defining the role of the exchange facilitator in complex structures such as forward or reverse exchanges to navigating related-party rules, various techniques and structures help ensure compliance with Section 1031 and tax-free treatment for the transaction.

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



  1. The framework of 1031 exchanges
  2. Reverse exchanges
  3. Forward exchanges
  4. Tenants in common and DSTs
  5. Section 1031(f) related-party rule
  6. Improvements exchanges
  7. Drop-and-swap strategies
  8. Calculating 199A business deduction in conjunction with an exchange


The panel will review these and other high priority issues:

  • What is the role and what are the restrictions of the exchange facilitator?
  • How can counsel help clients avoid the 1031(f) restrictions in related-party exchanges?
  • Is there a "holding-period requirement" under Section 1031?
  • What are the requirements for a reverse exchange under Section 1031?
  • What are viable structures for improvement exchanges?
  • What are the current drop-and-swap practices?


Borden, Bradley
Professor Bradley T. (Brad) Borden

Professor of Law
Brooklyn Law School

Professor Borden’s research, scholarship, and teaching focus on taxation of real property transactions and...  |  Read More

Flavin, Marie
Marie C. Flavin

Senior Vice President/Northeast Regional Manager
Investment Property Exchange Services

Ms. Flavin is a member of the New York and Connecticut Bars, and has been practicing real estate law since 1992. She...  |  Read More

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