Tax-Free Exchanges of Art and Other Collectibles

29 J. TAX’N INV. 3 (Spring 2012)

Brooklyn Law School, Legal Studies Paper No. 313

18 Pages Posted: 26 Feb 2020

Date Written: November 6, 2012

Abstract

In a thriving art market, investors making changes to their collections understandably might want to save tax dollars by structuring like-kind exchanges. But the lack of specific guidance regarding the definition of like-kind art and other collectibles — and the unusual nature of collectibles transactions — clouds the applicability of Section 1031 to such arrangements. This article suggests that tax advisors can create structures that will help such transactions come within the qualified intermediary safe harbor, while keeping in mind that many positions an owner might take with respect to like-kind art or other collectibles are subject to challenge.

Keywords: Section 1031, like-kind exchanges, art exchanges, collectibles, qualified intermediary

Suggested Citation

Borden, Bradley T., Tax-Free Exchanges of Art and Other Collectibles (November 6, 2012). 29 J. TAX’N INV. 3 (Spring 2012), Brooklyn Law School, Legal Studies Paper No. 313, Available at SSRN: https://ssrn.com/abstract=2171815

Bradley T. Borden (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

HOME PAGE: http://www.brooklaw.edu

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