Like-Kind Exchange (IRC §1031)
If you need to exchange or reverse-exchange your aircraft in order to transfer your existing tax basis or otherwise to avoid capital gains tax, contact us to discuss your options. Following the simple, yet strict, rules set forth in Section 1031 of the Internal Revenue Code (IRC) will convert your taxable sale into a tax-free exchange. Section 1031 generally allows the seller of an aircraft to exchange, rather than sell, the aircraft (relinquished property), reinvest the proceeds into a new aircraft (replacement property), and to defer all Federal (and sometimes State) capital gains taxes by doing so.To qualify, the replacement aircraft must be “like-kind”. Further, both the relinquished aircraft and the replacement aircraft must be used in the exchangor’s trade or business, or be held for investment. The exchange does not need to be simultaneous. The relinquished aircraft can be sold before or after the replacement aircraft is acquired.
Section 1031 requires that the sales proceeds from the sale of the relinquished property be held by a Qualified Intermediary. A Qualified Intermediary is a neutral party who holds the proceeds from the sale of the relinquished property and later uses these proceeds to buy the replacement property and transfer title to the replacement property to you.