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Section 1031 Real Property Definition

26 CFR § 1.1031(a)-3

Added by IRS/Treasury final regulations (TD 9935, "Statutory Limitations on Like-Kind Exchanges," published in the Federal Register December 2, 2020) implementing the 2017 Tax Cuts and Jobs Act limitation of IRC Section 1031 like-kind exchange treatment to real property. Section 1.1031(a)-3 defines "real property" for like-kind exchange purposes (land, improvements, unsevered natural products, water/air space, and certain intangible interests). The companion regulation also adds a rule (at § 1.1031(k)-1(g)(7)(iii)) addressing personal property incidental to real property received in an otherwise qualifying exchange. The regulations are effective and apply to exchanges beginning after December 2, 2020.

Effective · 2020-12-02
Status · active
Subject · property tax assessment

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Section 1031 Real Property Definition · Federal · RegWatch