[WSBARP] 1031 Exchange and Like Kind Property
Jim Doran
jim at doranlegal.com
Mon Apr 20 18:42:49 PDT 2015
In your opinion if there is a purchase agreement "before" the trees are cut,
then they are real property. Right?
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
<mailto:jim at doranlegal.com> jim at doranlegal.com
www.doranlegal.com
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Monday, April 20, 2015 5:54 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] 1031 Exchange and Like Kind Property
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 <mailto:tjw at buddbaylaw.com>
Skype: thomas.westbrook
www.buddbaylaw.com <http://www.buddbaylaw.com>
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From: wsbarp-bounces at lists.wsbarppt.com
<mailto: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 <mailto:jim at doranlegal.com>
www.doranlegal.com <http://www.doranlegal.com>
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