The exchange of personal property for real property would not be a like-kind exchange. But the exchange of different types of real property could be considered like-kind exchanges. For example, the exchange of real property with one type of building or improvement for real property with another type of building or improvement would be considered a like-kind exchange. And exchanges of urban property for rural property, or improved property for unimproved property could qualify as like-kind exchanges.
Like-kind exchanges could include the exchange of owned real estate for leased real estate under certain conditions. For example, the exchange of owned property for property under a lease of more than 30 years could be considered a like-kind exchange.
For purposes of qualifying as nontaxable exchanges, a distinction is made between real property located in the United States and real property located outside the country. An exchange of foreign and U.S. properties would not be considered a like-kind exchange. But there is an exception for condemned property. For purposes of postponing gain on a condemnation, foreign and U.S. real property could be considered like-kind property.
Personal Property
Personal property, for these purposes, is depreciable, tangible personal property for productive use in a trade or business, or for investment purposes, and does not include property used for personal purposes. Depreciable, tangible personal property can qualify as like-kind property in a nontaxable exchange, based on different General Asset Classes and different Product Classes of property.
If the property given and the property received in an exchange fall into the same General Asset Class, or the same Product Class, they are considered like-kind property and would qualify for a nontaxable exchange.
The General Asset Classes include the following types of property:
Office furniture, fixtures and equipment
Computers and peripheral equipment
Data handling equipment other than computers
Aircraft
Automobiles and taxis
Buses
Light general purpose trucks
Heavy general purpose trucks
Railroad cars and locomotives
Tractors for over-the-road use
Trailers and trailer-mounted containers
Marine vessels
Steam and electric generation and distribution systems
Product Classes are those defined in the North American Industry Classification System (NAICS).
Intangible Property
Intangible property can also be considered like-kind property and can qualify for a nontaxable exchange. There are no like-classes defined for intangible property, and whether they are considered like-kind will depend on the nature of the underlying asset, and the rights involved in the intangible asset. For example, an exchange of a copyright on a book for a patent on an invention may not be considered a like-kind exchange.
Foreign and U.S. Property
Exchanges of personal property used predominately outside the United States for property used predominately inside the United States do not qualify as like-kind exchanges, even though the property may be similar in nature and use. A gain or loss on an exchange would be recognized for U.S. income tax purposes.