Guide · Tax
Deferring Gain: A Comprehensive Guide to Like-Kind Exchanges, Qualified Intermediaries, Opportunity Zones, and Installment Sales
26 U.S.C. § 1001
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-10-14
- Topic
- Tax
This guide covers gain deferral from first principles through execution and reporting. It begins with the recognition default and the constructive receipt principle that every deferral structure is built to satisfy, then works through the like-kind exchange in operational detail: qualifying property, the two deadlines, identification rules, the qualified intermediary and disqualified persons, boot and the netting rules, and the variations for reverse, improvement, and partnership transactions. Separate chapters address opportunity zone investments and their entirely different architecture, installment reporting with its year-one recapture trap, and involuntary conversions. Later chapters cover basis carryover, depreciation recapture, and the interaction with the basis step-up at death that makes serial exchanging a coherent lifetime strategy. The guide closes with the substance-over-form doctrines that police the area, a documentation standard, and the failure modes that recur.
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