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ARTICLE · 18 JANUARY 2005

Will an Exchange of Two Properties Be Treated as Two Exchanges or One?

It is hardly uncommon for two properties to be sold at the same time. The properties may be located adjacent to each other and used to operate a single business, or a motel may be placed on one lot while the other lot is undeveloped land. For the purposes of this article, let’s consider two hypothetical properties: Whiteacre and Blackacre.

United StatesReal Estate and Construction
Ronald Shellan
Ronald Shellan

It is hardly uncommon for two properties to be sold at the same time. The properties may be located adjacent to each other and used to operate a single business, or a motel may be placed on one lot while the other lot is undeveloped land. For the purposes of this article, let’s consider two hypothetical properties: Whiteacre and Blackacre.

Making the Right Choice

If an exchange of two lots is treated as two exchanges, many significant differences result in the tax treatment of the transactions. The differences can range from blowing a tax-free exchange to saving significant amounts of income taxes.

Exchange and sale

. Assume that both Whiteacre and Blackacre had a value of $1 million. Further assume that Whiteacre had a tax basis of $1 million, while Blackacre had a zero tax basis. Obviously, the taxpayer would like to sell Whiteacre for $1 million and pay no tax, and exchange Blackacre as part of an exchange. If the two properties were treated as a single property for tax purposes,

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