Our real estate and tax specialists work together to focus on like-kind exchanges under Section 1031 of the Internal Revenue Code. Our group has the technical real estate and tax expertise to advise our clients and implement solutions whether your exchange is a forward, reverse, construction, or a build–to–suit exchange. Our attorneys are experienced in all aspects of financing issues encountered in like-kind exchanges with respect to both relinquished and replacement properties.

We are familiar with tenancy-in-common ownership structures and review and prepare tenancy-in-common agreements that comply with Revenue Procedure 2002-22. We also help structure entities to allow exchanges that meet different financial needs of individual partners and members of limited liability companies and partnerships to give them the most financial and tax flexibility possible. We are also capable of assisting clients with reverse exchanges and build-to-suit exchanges that do not qualify for safe harbor treatment.

We call on our wealth of real estate and tax experience to assist clients with reinvestment of condemnation and casualty proceeds to minimize tax consequences under Section 1033 of the Internal Revenue Code.

We assist our clients with like-kind exchanges involving aircraft, businesses, manufacturing equipment, and real property of all types and sizes including office, retail, industrial, multifamily, mixed-use, hotel, resort, planned community, net leased properties, raw land assemblage and residential subdivisions.

We have recently represented:

  • Representation of numerous owners/sellers in the structuring and implementation of multi-faceted tax-deferred exchanges and involuntary conversions.
  • Representation of local owner/developer in negotiating and structuring the sale of various commercial shopping centers and multi-tenant properties and subsequent like-kind exchanges into various multi-state tenant replacement properties, leased to Walgreen Co. and CVS Drugs.
  • Representation of real estate developer in sale and multi-property section 1031 exchange of net leased properties replaced with partially completed retail developments including construction bridge financing and permanent conduit non-recourse financing combined with purchase of LLC membership interest for optimal tax consequences.
  • Routinely clients on complicated or problematic 1031 exchange issues, including combination exchanges, construction and “to be built” exchange transactions, reverse exchange transaction, tenants-in-common exchange transactions, use of ground leases and boot avoidance issues relating to post and pre-exchange refinancing.
  • Representation of local real estate investors in a complex like-kind exchange, involving redemption of investors from multi-member partnership, creation of tenants-in-common ownership arrangement, and purchase of replacement property to complete deferred exchange under 1031.
  • Representation of multiple private real estate investors in complex joint venture with a national homebuilder involving Section 1031 like-kind exchanges, tenant in common ownership structure and bank financing.
  • Representation of local family limited partnership in multi-phased sale and 1031 exchange of timber land, including partial donation, to allow to convert low basis property to diversified net leased and shopping center properties across the Southeast in a tax free manner, combined with a charitable deduction to use against other income.