Javier G. Vande Steeg, President of Asset Preservation, Inc. (API) interviewed Low Weller, J.D. Partner at Weller Partners LLP, and discussed highlights of the recently released Section 1031 Real Property Treasury Regulations.
Mr. Vande Steeg: Lou, I know you have been involved at a high level in the development of the final “real property” regulations, can you tell us a little history regarding the passage of the new regulations?
Mr. Weller: When the 2017 Tax Cuts and Jobs Act (TCJA) bill changed Section 1031 to apply only to real property, the issue of what is “real property” for this section became more central than when that issue only affected whether something was “like-kind.” The Regulations under Section 1031 had never defined real property before, but had addressed what real property was like kind: examples being the familiar rules that improved real property is like-kind to…
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