From the Ground Up: An In-Depth Analysis of Build-to-Suit and Related Party Exchanges

Tax Management Memorandum, Vol. 44, No. 19, January 27, 2003

39 Pages Posted: 3 Jan 2007

Abstract

Build-to-suit exchanges (also referred to as improvements exchanges and construction exchanges) allow taxpayers to dispose of property tax free under section 1031 and use the proceeds to construct improvements on other property. Orgininally published as Recent Developments in Build-to-Suite Exchanges, this Article discusses the case history of build-to-suit exchanges and describes current structures, including leasehold arrangements, that allow exchangers to reinvest exchange proceeds to construct improvements on property owned by a related party. Build-to-suit exchanges involving related party property raise many issues under the related-party exchange rules. Therefore, the Article also discusses those rules.

Keywords: section 1031, tax-free exchange, build-to-suit exchange, leasehold improvements exchange, related-party exchange

Suggested Citation

Borden, Bradley T., From the Ground Up: An In-Depth Analysis of Build-to-Suit and Related Party Exchanges. Tax Management Memorandum, Vol. 44, No. 19, January 27, 2003. Available at SSRN: https://ssrn.com/abstract=954742

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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