When to Avoid a Like-Kind Exchange
There are instances where a like-kind exchange is not appropriate. These situations are further explained below:
Sale Would Result in a Loss
When the sale of the asset will result in a loss, that loss cannot be recognized in a like-kind exchange.
Sufficient Carryovers
When a taxpayer has sufficient carryovers to offset all or a portion of the gain if the property is sold, an exchange may not be beneficial. These carryovers could include capital loss, investment interest (you can make the capital gains election), passive loss, and net operating losses.
Capital Gains Rates
How long will the favorable CG rates be around? The taxpayer’s circumstances may dictate taking the gain now as opposed to later.
Tax Bracket and Other Issues
When a taxpayer anticipates that his or her tax bracket will be higher in future years, it may be appropriate to take the gain now as opposed to deferring it. The surtax on net investment income of upper-income taxpayers and the Sec 199A deduction for those with pass-through income should be taken into account. There are other income issues to be considered for elderly clients, including the taxation of Social Security, the income-based Medicare-B and -D insurance premiums, and of course the required minimum distribution from retirement plans.