TAX & BASIS

Two-year related-party rule

Also called: 2-year rule · two year holding rule

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PLAIN-ENGLISH DEFINITION

A rule that can cause deferred gain or loss from certain related-party exchanges to become recognized if either party disposes of the exchanged property within two years, unless an exception applies.

What it means in practice.

The two-year rule is part of the related-party regime and is subject to statutory exceptions. It should not be confused with a universal two-year minimum holding period for all 1031 exchanges.

Why it matters.

This distinction prevents a common misconception: there is no single two-year holding rule that automatically governs every unrelated exchange.

Additional notes.

The two-year rule is part of the related-party regime and is subject to statutory exceptions. It should not be confused with a universal two-year minimum holding period for all 1031 exchanges.

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