Generally, related party 1031 transactions should be avoided, especially as to the purchases of replacement property. We'll explain why in this article.
Would a Taxpayer be Able to 1031 into a Piece of Land Owned by His or Her Daughter?
Internal Revenue Code (“IRC”) Section 1031 (f) has special rules for exchanges between related persons that may require the related parties to hold their respective properties for two years after an exchange. However 1031 (f) also contains a killer clause that the related party exchange cannot be part of a transaction structured to “avoid” the imposition of tax. It’s hard to discern a compelling differentiation between the intention to legally and indefinitely defer one’s taxes and an impermissible intention to avoid the imposition of tax. The IRS has picked up on this and has successfully fought some heart-breaking cases. The result is that there are a string of unfriendly tax court cases and rulings that have really muddied the waters for related party purchases. In one case a son purchased his replacement property from his mother…and the IRS disallowed the 1031 exchange.
“Related Person”
The term “related person” means any person bearing a relationship to the taxpayer described in section IRC Sections 267 (b) or 707 (b)(1) and can broadly include family members and people you are in business relationships with (such as a partnership, corporation or trust). To make matters more complicated, because of the IRS’s rules of attribution, a person may be considered to be a related person even if you wouldn’t normally consider them a related to you.
The problem for farmers who want to buy adjoining land, and families with closely located properties that they know and understand, is that these desirable replacement properties may be owned by related parties, such as an uncle, mother or brother.
Start Your Exchange: If you have questions about 1031 exchanges between family members, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
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