In 1918 income tax law began requiring taxes
to be paid on all property gains.
By 1921 Congress passed a tax law aimed at
allowing farmers to directly swap horses and farm land. It became section
§1031 of the Internal Revenue Code.
In 1923 Congress excluded the exchange of
stocks, bonds, notes, and other securities.
The law remained essentially the same until 1979
when Starker affected a 5 year deferred exchange and won in the US Tax
Court. Due to this landmark case,
In 1984 Congress put some limits on the Starker
Decision and added the 45 day ID period, 180 day exchange period, and
excluded partnership interests from exchanges.
In 1989 Congress defined foreign property as
non-like kind to US property, started special rules for related parties,
and tried to require holding periods last at least one year before and
after the exchange.
In 1991, the role of a qualified intermediary
(QI) also known as a facilitator or accommodator or coordinator was
defined in the detailed Treasury Regulations. This is when our company
1031 Exchange Coordinators was founded.
In 1994 installment sales were allowed with
§1031.
2000. Revenue Procedure 2000-37 established
the 180 day safe harbor for reverse exchanges.
2002. Revenue Procedure 2002-22 allowed for
real estate to be syndicated and marketed as undivided “Tenant-in-Common”
(TIC) ownership that differs from partnerships.
2002. Revenue Ruling 2002-83 reinforced the
IRS position that a taxpayer may not buy replacement property from related
parties.
2005. Revenue Procedure 2005-14 provided for
the combined use of §121 (sale of principal residence) with §1031 and for
former §1031 property to be owned for a period of 5 years before the
residential exclusion tax break can apply.
That is how we arrived at today where hundreds of thousands of ordinary
taxpayers do exchanges each year and 90% of all
properties over 10 million are bought and sold through §1031
exchanges.