PROPERTY INTELLIGENCE

Land Replacement Property

A framework for evaluating land as replacement property, from entitlement and access to holding purpose and development risk.

Land can be like kind to improved real estate—but investment purpose still matters.

Federal guidance generally treats improved and unimproved qualifying U.S. real property as potentially like kind. Investment analysis should separately examine zoning, access, utilities, environmental conditions, wetlands, entitlement status, carrying costs, taxes and the probability and timing of future development or disposition.

Property held primarily for sale does not qualify for Section 1031. Investors contemplating development or subdivision strategies should discuss holding intent and facts with tax counsel.

Primary / reference sources

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