Business & Real Estate Taxation Articles

A Safe Approach to Non-Safe Harbor Reverse Exchanges and Built-to-Suit Parking Arrangements

All too often, the restrictions involved prevent taxpayers from taking advantage of the  Service’s safe harbor for reverse exchanges. Non-tax economic and business considerations may make it impossible to identify and acquire replacement property within the prescribed periods. Reverse exchanges outside of the safe harbor may be accomplished , however, under the pre-existing case law. The use of a net lease can improve the likelihood that these non-safe-harbor transactions may pass muster.

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