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Brad and Farmer Brown want to conduct a 1031 tax-deferred exchange for their two properties. Farmer Brown's has 1,000 acres of undeveloped farmland. Brad's has a 4,200 sq. ft. house on half an acre of land. Do these two properties qualify for a like-kind exchange?

User Farincz
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Final answer:

Brad and Farmer Brown's properties could potentially qualify for a 1031 tax-deferred like-kind exchange if both properties are used for business or investment purposes, despite the differences in their physical characteristics and usage.

Step-by-step explanation:

Brad and Farmer Brown are interested in a 1031 tax-deferred exchange, where they can swap their properties without immediate tax implications. Under Section 1031 of the Internal Revenue Code, properties involved in the exchange must be of a similar nature or character, even if they differ in grade or quality. In this case, Farmer Brown's property is 1,000 acres of undeveloped farmland, while Brad has a residential property consisting of a 4,200 sq. ft. house on half an acre of land.

For a successful like-kind exchange, both properties must be held for productive use in a trade, business, or for investment. While the nature of the properties suggests they may not be inherently like-kind due to one being farmland and the other residential, the IRS considers real estate to be like-kind to other real estate provided the above conditions are met. What matters is that both properties serve investment or business purposes, not their physical form as much. An accurate property title and understanding of the properties' dimensions and acreage are critical to the process.

User Sepisoad
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