Like-Kind Property

Real Estate Investing Glossary – Malone Global University

Definition

Like-kind property is a term used in Section 1031 exchanges. It generally means real property held for investment or productive use in a trade or business that can be exchanged for other real property of a similar nature or character. “Like-kind” in real estate is usually interpreted broadly: it does not require the replacement property to be the same type (e.g., apartment-to-apartment).

What Usually Qualifies (Broadly)

In practice, many different real estate types can be “like-kind” to each other when they are held for investment/business use. For example, investors commonly exchange:

What Usually Does Not Qualify

Why It Matters

The “like-kind” standard is one of the key gates to qualifying for a tax-deferred 1031 exchange. If the replacement property is not like-kind (or the property is not held for the right purpose), the exchange can fail and trigger a taxable event.

Investor Uses

Common Pitfalls

Example

An investor sells a 12-unit apartment building held for investment and identifies a small industrial warehouse as the replacement. Even though the assets are different types, the exchange may still qualify because both are real property held for investment and are generally treated as “like-kind” in this context.

Related Terms

Important Note

This page is for educational purposes only and is not tax or legal advice. 1031 exchanges are highly procedural. Work with a qualified intermediary and tax counsel before closing any sale or signing replacement contracts.

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