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Real Estate


Tom Kelly
Tom Kelly
The Real Estate Adviser
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February 28, 2008

The Real Estate Adviser: IRS allows personal use in tax-deferred exchanges

By Tom Kelly
Special to the Journal

The Internal Revenue Service has handed investors and second-home owners a new gift in the form of a safety net that provides a “safe harbor” for taxpayers who wish to swap the property via a Section 1031 tax-free exchange even though they have enjoyed personal use of the property.

Revenue Procedure 2008-16, which goes into effect March 10, 2008, officially allows limited personal use of an investment property and will not prevent a dwelling unit from qualifying as property held for trade or business or investment use for purposes of the tax-free exchange rules.


 
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