Question

 

When you receive boot in a like-kind exchange, other than cash received, do you take the FMV of the boot other than cash to compute Amount Realized?

Other than cash received, can you include Assumption of a Liability and the FMV of inventory recieved in addition to the like-kind property and cash as a part of boot?

Additionally, do you include the FMV of the assets other than like-kind exchanged for your new asset in adjusted basis in order to compute Gain Recognized?

Answer 1

A 1031 exchange gets its name from Section 1031 of the U.S. Internal Revenue Code, which allows you to avoid paying capital gains taxes when you sell an investment property and reinvest the proceeds from the sale within certain time limits in a property or properties of like kind and equal or greater value.

The unrecognized gain or unrecognized loss from a like-kind exchange is preserved in the new property received in the exchange. New property receives the basis of the old property, adjusted in value for any other property given or received in the exchange (see below for further discussion of "boot").

The taxpayer's basis in the new property is determined by starting with the taxpayer's basis in the old property exchanged. Adjustments are then made as needed to account for other property that may be received in the exchange. By using the taxpayer's basis in the old property as the reference point for the new property's basis, unrecognized gain or loss is preserved.

By way of example, let's say a taxpayer exchanges an old asset worth $20,000 in which the taxpayer had a basis of $14,000 for a like-kind asset. Assuming the exchange qualifies for non-recognition (based on how the taxpayer held the old property and how the taxpayer intends to hold the new property), the $6,000 realized gain will not be recognized, and the taxpayer's basis in the new asset will be $14,000. Because the new asset likely has a value of $20,000 (in an arms'-length transaction the two assets would be deemed to have equal values), the $6,000 unrecognized gain is preserved in the new asset. Thus, in any like-kind exchange, the exact amount of any unrecognized gain or loss is preserved in the basis of the asset acquired in the exchange.

in a like-kind exchange where boot is received:

You want to transfer land with an adjusted basis of $70,000 and a fair market value of $100,000 in a like-kind exchange. As replacement property you will receive land from Charlie that is like-kind to the one you will transfer. However, Charlie’s land has a fair market value of only $80,000. To equalize the value of the like-kind properties being exchanged, Charlie will give you $20,000 in cash. Because the $20,000 is not like-kind property, the like-kind exchange rules treat it as boot and you will have to recognize gain to that extent. Your computation will be as follows:

$80,000 FMV of like-kind land received
+$20,000 cash received
________
$100,000 Your amount realized
– $70,000 Your adjusted basis of the land transferred
________
$30,000 Realized gain

However, because you will receive only $20,000 of cash (boot), you will recognize only $20,000 of the gain realized. The rest of the gain or $10,000 will be preserved for a future date when the acquired property is recognized in a taxable transaction as a result of your like-kind exchange.