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Businesses Engaging in Like-Kind Exchanges

Per the Tax Cuts and Jobs Act passed last December, like-kind exchanges are now generally limited to exchanges of real property. Effective January 1, 2018, exchanges of personal or intangible property such as machinery, equipment, vehicles, artwork, collectibles, patents and other intellectual property generally don’t qualify for nonrecognition of gain or loss as like-kind exchanges.

Like-kind exchange tax treatment now applies only to exchanges of real property that’s held for use in a trade or business or for investment. Real property, also called real estate, includes land and generally anything built on or attached to it. An exchange of real property held primarily for sale still doesn’t qualify as a like-kind exchange.

See the recent IRS news release: Like-kind exchanges now limited to real property for more information.

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