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ARTICLE · 29 APRIL 2020

CARES Act Issues Facing Real Estate Clients

There are a few items in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and other recent legislation that have a direct effect on many of our real estate clients. These include: The correction...

United StatesReal Estate and Construction

There are a few items in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and other recent legislation that have a direct effect on many of our real estate clients. These include:

  • The correction to the 2017 Tax Cuts and Jobs Act (TCJA) regarding Qualified Improvement Property (QIP);
  • An extension of certain timelines for like-kind exchanges for real property; and
  • The opportunity — for only a short time — to revoke the previously irrevocable election out of the business interest deduction limitations.

Like-Kind Exchange Provisions

The like-kind exchange provisions are easier, and just factual, so we will tackle those first. One of the relief provisions in IRS Notice 2020-23 (an update to Notice 2020-18) states that for those engaged in a 1031 exchange, if the taxpayer's 45-day identification period or 180-day exchange period deadline falls between April 1, 2020 and July 14, 2020, the deadline is automatically extended to July 15, 2020.

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