It is unclear where like-kind exchanges stand in forthcoming tax reform, but any tax plan that attempts to replace like-kind exchanges with immediate-expensing would create a big gap for taxpayers significantly invested in land assets since the immediate-expensing provision in the House Republican tax reform blueprint doesn't apply to land. This Bloomberg BNA Daily Tax Report from June 1, 2017 examines the particular plight of farmers in this scenario, for whom such a plan would be disastrous.
Join us at the Suburban Chicago Commercial Real Estate Forum on Wednesday, June 7 at the Inland Real Estate Campus in Oak Brook, IL.
Accruit CEO Brent Abrahm will be speaking about the House Republican Tax Reform Blueprint and its potential impact to like-kind exchanges. Speakers will also include George Relias, Partner, Relias & Tsonis, LLC, Alison Hastings, Vice President, Inland Valuation & Advisory, LLC, John Carpenter, President & CEO, Choose DuPage, Brandon Frankel, Sr. Market Analyst, CoStar Group and Valentina Tomov, President and CEO of the Greater Oak Brook Chamber of Commerce.
In mid-May, Ritchie Bros. received unconditional antitrust clearance from the U.S. Department of Justice for its acquisition of online auctioneer, IronPlanet. Ritchie Bros.' acquisition of IronPlanet will officially close in the coming weeks, further diversifying the channels through which customers buy and sell equipment. According to Jim Barr, Ritchie Bros. group president of emerging businesses, brand innovation and technology, the company has shifted strategically in the past few years from auction to multichannel asset disposition, and the IronPlanet acquisition was the next logical step in that strategy. “Each company has a great set of solutions," Jim Barr told Construction Equipment Guide. “We won't be getting rid of any of them. We want our customers to choose whatever solution best suits their needs.”
Executives from Equipment Leasing and Finance Association (ELFA) member companies will convene in Washington, D.C. on May 17 and 18 to educate members of Congress and select White House administration officials about the contributions that the equipment finance industry makes to the United States economy. Over the course of two days, ELFA members will have more than 150 meetings with Senate and House offices and executive branch agencies to advocate in issues affecting the equiopment leasing and finance industry.
In a May 8, 2017 Tax Notes article, “Advocates Aim to Preserve Like-Kind Exchange in Tax Reform,” Emily Foster explores the issue of repealing 1031 like-kind exchanges as part of the current tax reform efforts in Washington. In the absence of specific guidance regarding like-kind exchanges in either the House GOP tax reform blueprint or President Trump's one-page tax reform plan, analysts are looking closely at former House Ways and Means Committee Chair Dave Camp's 2014 tax reform draft, in which Camp had proposed repeal of Section 1031 in its entirety.
Creation of the Role of Qualified Intermediary in the Treasury Regulations
Prior to the Internal Revenue Code Section 1031 Treasury Regulations issued in 1991 governing exchanges, it was difficult to arrange for the taxpayer’s buyer to actively participate in the taxpayer’s exchange transaction. It could not be accomplished without the buyer’s significant involvement. However, buyers were not typically motivated to assist in the seller’s attempt at tax deferral. The 1991 regulations sought to deal with this thorny problem by creating a new entity known as a qualified intermediary (QI).
Accruit is participating in the AED Financial/HR Symposium 2017 in Miami this week where equipment distributors will be learning about best practices, receiving regulatory and legal updates, and discussing the latest ideas in the areas of finance and human resources.
Earlier this month, as part of Accruit's ongoing advocacy efforts, I attended the Associated Equipment Distributors (AED) 2017 Washington Fly-In, an opportunity for AED members to actively participate in the legislative process on important issues. Tax reform is one such issue, along with the preservation of Section 1031 like-kind exchanges and the benefit they represent to the industry and the economy.
For owners of heavy equipment, replacing or upgrading is a necessity. Newer, faster, more powerful machinery helps expand your capabilities and increase your operating efficiencies, and it allows your crews to operate more safely. For a lot of businesses, this means a trip to your preferred equipment dealer to trade in your old iron for new iron. However, if you’re not exploring all of your options, you could be missing out on the chance to maximize your buying power by reducing your exposure to the taxes associated with such transactions.
Last month, Accruit EVP and General Counsel, Martin Edwards, was the featured speaker for ATG Trust’s accredited Continuing Legal Education series. Edwards’ presentation, “Section 1031 Exchanges - The Basics and Beyond,” was one of the highest attended ATG Legal Education seminars ever. The presentation material included subject matter expertise accumulated during Edwards' 30+ years of administering tax-deferred exchanges. Topics included: