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1031 Exchanges

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Jay Chan
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1031 Exchange with S-Corporation

Jay Chan
Posted Sep 9 2020, 16:50

Hello Everyone,

I have three S-Corps. Each S-corp has its own property. For reference we can call then Corp-1, Corp-2, and Corp-3. I am the President and 100% Shareholder in each corporation.

Currently, I am closing on a property in Corp-1 and will be doing a 1031. Would it be possible for Corp-1 to purchase properties from Corp-2 and Corp-3 in a 1031?

Thank You

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Dave Foster
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Dave Foster
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#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied Sep 9 2020, 20:31

@Jay Chan, I'm guessing that those S corps all have identical or similar share holders and percentages.  That would make them related parties.  The IRS does not have huge heartburn in selling a property to a related party and doing a 1031 (under certain conditions).  But in general they do not like purchasing from a related party to complete a 1031 exchange.  You will almost always be tagged with basis shifting and have your exchange disallowed if examined.  It's not strictly prohibited.  Just heavily scrutinized.