[WSBARP] 1031 Exchange and Like Kind Property

[Tom J. Westbrook]

Timber (trees) is part of the real estate. When severed, timber or trees
become logs. Logs are personal property. The sale of logs cannot be part
of a 1031 exchange - while the sale of trees on land can be part of a
1031. You just need to get the vernacular correct.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, April 20, 2015 4:10 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] 1031 Exchange and Like Kind Property

 

Here is the line from the IRS information website that I think clearly
denies the use of a 1031 Exchange to a the situation where the owner of
real property with timber on it sells the timber and then wants to use
the proceeds from the timber sale to buy more real estate.  The trees
are personal property, are they not?

 

"Real property and personal property can both qualify as exchange
properties under Section 1031; but real property can never be like-kind
to personal property."   

 

James R. Doran

Attorney at Law

100 E. Pine Street - Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com

www.doranlegal.com

 

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