What is 'Like-Kind Exchange'
A tax-deferred exchange that allows for the disposal of an asset and the acquisition of another similar asset without generating a tax liability from the sale of the first asset. Until passage of the new tax legislation in Dec. 2017, this could include the exchange of one business for another – or one piece of tangible property, such as artwork or heavy equipment, for another. Now, you can only do a like-kind exchange of one real estate investment property for another property. An 8824 form must be filed with the IRS detailing the terms of the deal.
This is also known as a "1031 exchange."
BREAKING DOWN 'Like-Kind Exchange'
There are several important considerations with this type of exchange to ensure that a tax liability is not created upon sale of the first asset:
1. The asset being sold must be an investment property and can't be a personal residence.
2. The asset being purchased with the proceeds must be similar to the asset being sold.
3. The proceeds from the sale must be used to purchase the other asset within 180 days of the sale of the first asset, although you must identify the property or asset that you are purchasing in the like-kind exchange within 45 days of the sale.
There are some limitations on the amount of capital gain that is tax deferred, so ensure that you check the latest tax rules before proceeding with a like-kind exchange.