IRS Proposes Rule on Like-Kind Exchanges

Multifamily
Published

The Internal Revenue Service has released a draft regulation to define a like-kind property that is held for investment, trade or business purposes under Section 1031 of the tax code (governing like-kind exchanges). The IRS will accept comments through Aug. 11.

A like-kind exchange under U.S. tax law is a tax-deferred transaction that allows for the disposal of an asset and the acquisition of another similar asset without generating tax liability from the sale of the disposed asset.

Under the Tax Cuts and Jobs Act, Section 1031 was limited to real property. Existing statute and regulations do not define real property for purposes of Section 1031. Determination of real property is instead accomplished using definitions obtained elsewhere in the tax code.

In addition to defining real property, the regulation seeks to clarify how taxpayers should treat certain receipts of personal property that is incidental to the real property received.

NAHB will continue to analyze the proposed regulations and plans to submit comments after a careful review.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics
Aug 06, 2026
Multifamily Developer Confidence Weakens in Second Quarter

Confidence in the market for new multifamily housing weakened year-over-year in the second quarter, according to the Multifamily Market Survey (MMS) released today by NAHB. The MMS produces two separate indices. The Multifamily Production Index (MPI) had a reading of 43, down three points year-over-year, while the Multifamily Occupancy Index (MOI) had a reading of 74, down eight points year-over-year.

Disaster Response
Aug 05, 2026
How to Help Spokane Relief and Recovery Efforts

A series of fast-moving wildfires recently broke out in and around Spokane, Wash., causing widespread destruction. In response, the Spokane Home Builders Association is accepting donations to the Spokane Wildfire Disaster Relief Fund to provide support to the communities hit hardest by the wildfires.

View all

Latest Economic News

Economics
Aug 04, 2026
Construction Job Openings Rising

The number of open positions in the construction sector increased in June, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from three years ago due to declines in construction activity, particularly in housing.

Economics
Aug 03, 2026
Residential Construction Spending Slips as Remodeling Activity Weakens

Private residential construction spending declined 0.3% in June, while substantial downward revisions to improvement (remodeling) spending significantly altered the sector’s recent trajectory.

Economics
Jul 31, 2026
Housing’s Share of GDP Moves Lower in the Second Quarter

Housing’s share of the economy was 15.8% in the second quarter of 2026, according to the latest estimates of GDP produced by the Bureau of Economic Analysis. This share is down from 15.9% in the first quarter and is at the lowest level since 2019.