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Loophole

Related-Party 1031 with 2-Year Hold

1031 exchange with a related party — legal when both hold 2+ years.

Overview

§1031(f) generally disallows exchanges between related parties, but explicitly permits them if BOTH parties hold the swapped properties for at least 2 years post-exchange (with no §1031(f)(2) anti-abuse triggers). Powerful for intra-family basis-and-depreciation optimization — swap high-basis property to a family LLC and receive low-basis, high-depreciation property in return.

Best fit
Family real estate partnershipsMulti-generational RE owners
Estimated impact
Reset depreciation clock + basis optimization across family

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