Kooiker - 11/2/2023 15:42
From reading I’ve done in the past, if both the hog confinement and the farmland (or apartment building/houses) were rental properties they would qualify as “like kind”.
Meaning, you would have to rent the ground to someone else if you used 1031 money from the hog barns (provided that you rented/leased the hog barns to someone else and weren’t custom feeding).
Im having a hard time thinking of a way to do such with cows unless you were leasing your cows to someone else for cash, not a share of the calves. Even then I think it would be a stretch as it’s not real estate for real estate.
Ultimately it’s up to you and your tax preparer what you’re willing to go to battle with the IRS for. It won’t be cheap if they come after you and you lose.