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 co-authors of an article that was recently published in the February 2021 issue of the Journal of Taxation titled, “Final Regs Defining ‘Real Property’ for Section 1031: IRS Gets It Right With ‘State Law Plus.’”  This is a follow-up to their article in the October 2020 issue of the Journal of Taxation concerning the Proposed Regulations under Section 1031.  The Tax Cuts and Jobs Act of 2017 changed the landscape for Section 1031 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 Final Regulations defining “real property” under Section 1031.

1031 Final Regs Article (JTAX Feb. 2021)