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Aviation & Yacht

§1031 Aircraft Exchange (Pre-2018 Legacy for Personal Property)

TCJA killed §1031 for personal property, but aircraft-to-aircraft business-use swaps still deferred pre-2018 gains via reverse structures.

Overview

Post-TCJA §1031 applies ONLY to real property, ending aircraft-to-aircraft like-kind exchanges. HOWEVER, pre-2018 deferred gains on rolled-over aircraft still exist and must be tracked. Modern replacement: rely on §168(k) bonus + §179 on the replacement aircraft to offset sale-of-old gain in the SAME tax year. Time the sale + replacement in one year to trigger enough new depreciation to zero-out the prior-year recapture. Requires business-use of both aircraft.

Best fit
Aircraft owners upgrading fleetAviation CPAs advising ownersCharter/Part 135 fleet operators
Estimated impact
Defer / offset $500K–$3M in depreciation recapture

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