Tax Guru – Ker$tetter Letter

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Penalties On Failed Exchange

Posted by taxguru on February 11, 2006

Q:

Subject: Exchange Question

If a Section 1031 exchange is set up, but cancelled when one of the partners cashes out, are there any IRS penalties?

Thanks.

A:

If an exchange falls apart before being finalized, the disposal will be reclassified as a fully taxable sale, which would generally result in high taxes and possible late payment penalties.  There is no separate penalty on the failed exchange itself.

Kerry Kerstetter

 

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