EXCHANGE STRUCTURES

Improvement exchange

Also called: construction exchange · build-to-suit exchange · rehab exchange

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PLAIN-ENGLISH DEFINITION

A specialized structure in which improvements to replacement property are incorporated into the exchange before the taxpayer receives the property.

What it means in practice.

Improvement exchanges often use parking arrangements and require careful attention to ownership, construction timing, exchange value, financing and the 180-day safe-harbor period. Improvements made after the taxpayer receives the property generally do not retroactively become exchange value.

Why it matters.

It is an execution-heavy structure and should be planned before acquisition and construction begin.

Additional notes.

Improvement exchanges often use parking arrangements and require careful attention to ownership, construction timing, exchange value, financing and the 180-day safe-harbor period. Improvements made after the taxpayer receives the property generally do not retroactively become exchange value.

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