Posted by William L. Exeter on September 27, 2004 at 19:07:48:
The Seller would be receiving $240K in real estate - which I would assume is qualified, like-kind property - but the Seller is also receiving $460K in cash, which would be considered to be boot. The $460K in boot would trigger the Seller’s entire amount of capital gain on the property and the property received as like-kind property would be of no benefit based on the facts presented.
The fact that you have held the duplex for less than one year may pose problems for your 1031 exchange. You must have the INTENT to HOLD the property for rental, investment or use in your business. A holding period of less than 12 months can raise your risk that the IRS would disqualify your transaction due to lack of INTENT to HOLD for investment.