Boutin Jones INC., Attorneys at Law

Menu Toggle

Email Disclaimer

You understand that no attorney-client relationship will exist unless we agree to represent you.

You are urged not to send us any information contained in an email or any attachment that you believe is confidential and not public until such time as we have indicated to you that we are able to review that information.

By clicking “agree,” you agree that submitting unsolicited email information to us does not constitute a request for legal advice and that you are not forming an attorney-client relationship with us by submitting that information.

You recognize that our review of your information, even if it is confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client adverse to you, even in a matter where that information could and will be used against you.


September 18, 2020

Proposed IRS Regulations Define “Real Property” for Section 1031

Jon Christianson and Matthew Carlson of Boutin Jones Inc., together with Louis Weller of Weller Partners, LLP, and Richard Lipton of Baker & McKenzie, LLP, were recently published in the October 2020 issue of the Journal of Taxation, “Proposed Regs Define ‘Real Property’ for Section 1031: IRS Gets It Mostly Right but Insists on Perpetuating Earlier Mistake.” The Tax Cuts and Jobs Act of 2017 changed the landscape for like-kind exchanges under Internal Revenue Code section 1031 by limiting tax deferral to exchanges of real property commencing on and after January 1, 2018. This article explores the new rules defining “real property” set forth in recent proposed Treasury Regulations under Section 1031.

Section 1031 Article (JTAX Oct 2020)