Real estate is an integral part of economic activity, with transactions providing avenues for exchange, development, and growth opportunities. Within this framework, like-kind exchanges (LKE) provide an important vehicle to sell and acquire property.
Like-kind exchanges are available to individuals, partnerships, corporations, limited liability companies, as well as trusts. The main requirement of a like-kind exchange is that the sale of one property and acquisition of another property must be part of an integrated transaction, rather than two individual transactions.
The Internal Revenue Code (IRC) Section 1031 codifies that the tax owed on any gain after a sale may be deferred as long as the proceeds are reinvested in a similar property through a like-kind exchange. The Internal Revenue Service (IRS) makes note of the fact that while the gain “is tax-deferred […] it is not tax-free.”
Like-kind exchanges (LKE) feature prominently in NAR members' real estate transactions, as well as their clients. As most REALTORS are small business owners, and as they represent a wide range of small businesses across the country, LKE transactions are important for Main Street.
The Like-Kind Exchanges: Real Estate Market Perspectives 2015 report details the potential impacts upon REALTORS® transactions due to the absence of the tax deferral provision of IRC Section 1031. Repeal of like-kind exchanges or tax-deferral provisions would have a significant ripple effect through real estate markets. A majority of NAR members—95 percent—indicated that they would expect a decrease in real estate values if IRC Section 1031 was repealed. Additionally, 94 percent expected a decrease in demand for core assets/business/service as a result of a potential repeal.