1031 rules need to change
Kooiker
Posted 5/19/2026 10:15 (#11650814 - in reply to #11650802)
Subject: RE: 1031 rules need to change



SWMustang - 5/19/2026 10:05 They definitely need to tweak the law. It's too easy to defer the capital gains. It is one thing if it is farmland for farmland, but the law allows you to sell commercial properties that are income producing for farmland that is income producing. In hindsight, this is where I should have started: Buying rental properties - combo of borrowing funds and using cash, depreciating said asset and then rolling the new sale price into a piece of farmland. It would give me the double benefit of shielding the income with depreciation and then when selling the property, I 1031 it into farmland with depreciated money and kicked out the tax on that until I sell the farmland, which I wouldn't unless forced to do it and then my estate would get the stepped up basis and eliminate any taxes owed. A great accountant would make this work. I knew of a guy from Wisconsin who did just this. Sure his estate ended up being massive and over the limit of shielding and the estate had to sell some land to pay estate tax, but it came with stepped up money.




Its possible to trade depreciated property for farmland and NEVER pay any tax on any of it if you hold it til death.    Hog barns are pretty common in this area.

The 1031 law/rules needed to change 10+ years ago, but since that isn't possible they need to be changed NOW.

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