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Section 1031 Alchemy: Transforming Personal Tangible and Intangible Property into Real Property

Real Estate Taxation, Vol. 34, p. 52, 1st Quarter 2007

10 Pages Posted: 23 Feb 2007  

Kelly E. Alton

Nationwide Exchange Services

Bradley T. Borden

Brooklyn Law School

Abstract

Section 1031 nonrecognition applies only to exchanges of like-kind properties. Although real property generally is not like kind to personal property or intangible property, case law reveals that personal property and intangible property can be combined with certain real property interests and become like kind to real property. The Article distills four basic rules for transforming personal property and intangible property into real property for section 1031 purposes. It also examines untested theories about transforming personal and intangible property into real property and considers the viability of such theories.

Keywords: section 1031, like-kind exchange, real property exchange, personal property exchange

Suggested Citation

Alton, Kelly E. and Borden, Bradley T., Section 1031 Alchemy: Transforming Personal Tangible and Intangible Property into Real Property. Available at SSRN: https://ssrn.com/abstract=928518

Kelly E. Alton

Nationwide Exchange Services ( email )

50 West San Fernando Street
Suite 300
San Jose, CA 95113
United States

Bradley T. Borden (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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