As a general rule, when you sell property and realize a profit from the sale, the gain is subject to capital gain taxes by the federal government as well as by many state governments. One way to avoid the immediate payment of capital gains taxes is to defer the payment through a Section 1031 exchange. In order for a transaction to qualify as a 1031 exchange, the transaction must be for “like-kind” property. When the property in question involves a timberland investment, the definition of “like-kind” can become less than clear.
Andy Gustafson
1031 Exchange: Who is Buying Farmland?
Farmland shares location as a common characteristic buyers associate with value. Contrary to popular opinion, not all farmland is experiencing a rise in the price per acre. According to the Federal Reserve Bank of Richmond’s latest survey of agriculture bankers in the Southeastern United States “found good farmland averaged $3,263 an acre during the third quarter – down 1.5 percent from the previous quarter and down 4.5 percent from a year earlier.” The survey noted “volatile feed prices continued to negatively impact livestock operators while the housing slump adversely impacted demand for lumber and nursery products.”
1031 Starker Insight
The modern day delayed 1031 exchange, often referred to as a Starker exchange, has its roots back at the turn of the 20th century when T.J. Starker began investing in second-growth forest in Oregon. By the 1960s, T.J.’s son Bruce was part of the family business. T.J. and Bruce were able to purchased second-growth forest at a very low cost basis. As the forest land began to regrow, the value of the land increased substantially. Selling the land outright exposed the Starker’s to substantial capital gains taxes. Section 1031 of the Internal Revenue Code, which allowed a capital gains deferral for like-kind exchanges, had been in place since 1921. The problem was that up to that point, Section 1031 had been interpreted to apply only to a simultaneous exchange of like-kind property. Not surprisingly, this was often difficult to accomplish.