Reverse Like-Kind Exchanges

Learn the basics as well as the subtleties, pitfalls and advanced strategies of reverse exchanges.

Often, a real estate firm or investor identifies property that it desires to acquire with tax-deferred capital; however, the firm or investor is not yet ready to sell any of its property for use in a tax-deferred like-kind exchange under Internal Revenue Code § 1031.

A ‘reverse' like-kind exchange is a technique that allows holders of real estate to acquire ‘replacement property' (generally) up to 180 days prior to its disposition of ‘relinquished property' in a tax-deferred § 1031 exchange. This topic helps real estate holders and their advisors understand the mechanics of effectuating a reverse like-kind exchanges.

Additionally, this material will educate you on the tax and practical considerations that arise when planning or during a reverse like-kind exchange. This topic will also cover certain special topics with respect to reverse like-kind exchanges, including tenancies in common, nonsafe harbor exchanges, and construction (build-to-suit) exchanges.

Learning Objectives:

This Live Webinar Covers These Hot Issues:

Introduction

• What Is a Reverse-Like Kind Exchange?
  
• When Is It Appropriate to Undertake a Reverse Like-Kind Exchange? - Tax and
• Practical Considerations

Like-Kind Exchanges, Generally

• Basic Requirements
  
• Safe Harbors
  
  • Qualified Intermediary
    
  • Qualified Escrow Accounts and Qualified Trusts

"Safe Harbor" Reverse Like-Kind Exchanges (Under Rev. Proc. 2000-37)

• Setting up the Exchange
  
  • "Exchange Last" or "Exchange First"
    
  • Qualified Exchange Accommodation Arrangements and Use of Exchange
  • Accommodation Titleholder (EAT)
    
  • Permitted Arrangements Between EAT and Taxpayer
    
  • Use of Disregarded Entities
    
  • Lender Considerations
    
  • Transfer Taxes
    
• "Parking" Period
  
• Unwinding the Arrangement
  
  • Transfer of Replacement Property
    
  • Transfer Taxes

Special Topics

• Tenancies in Common
  
• Non–Safe Harbor Reverse Like-Kind Exchanges
  
• Construction (Build to Suit) Exchanges

Credit Information (Sponsored by Lorman Education Services):

• CFP
• CLE
• CPE
• NASBA

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Aaron S. Gaynor, Roberts & Holland LLP

• Associate at Roberts & Holland LLP in New York, New York
• Tax practice focused on real estate industry, in particular, I.R.C. § 1031 like-kind exchanges and real estate investment trusts (REITs); other practice areas include New York State and City taxes (including realty transfer taxes and sales tax) and I.R.C. § 467 leases
• Regular panelist at Sales, Exchanges & Basis Committee of American Bar Association Tax Section
• Co-wrote (with Vivek A. Chandrasekhar) Techniques for Using Boot in a Like-Kind Exchange to Liquidate a Partner in a Real Estate Partnership, Tax Management Real Estate Journal (Vol. 32, No. 1, Jan. 6, 2016)
• Member of American Bar Association Tax Section (Sales, Exchanges & Basis Committee) and National Association of Real Estate Investment Trusts (NAREIT)
• J.D. degree, Benjamin N. Cardozo School of Law (Yeshiva University); LL.M. degree in taxation, New York University; B.A. degree, Brandeis University
• Can be contacted at agaynor@rhtax.com