Like-Kind Property

Like-kind property, for 1031 purposes, means any real property held for investment or business use in the United States — the definition is much broader than most investors assume.

What it means

The like-kind standard for real estate is extremely permissive. A shopping center is like-kind to an apartment building; raw land is like-kind to a net-leased industrial warehouse; a 30-plus-year leasehold is like-kind to a fee-simple interest; a fractional DST interest is like-kind to a whole building.

Not like-kind: U.S. real estate to foreign real estate; real estate to REIT shares (which are securities, not real property); a personal residence to anything.

Quality, condition, improvement level, and property class do not affect like-kind status. What matters is that both properties are held for productive use or investment, and both are U.S. real property.

The Upleg Weekly

Weekly CRE briefing. Actually worth opening.

One weekly email. Snarky CRE takes, the occasional cap rate, unsubscribe anytime.