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basis of the office building is $1,760,000, calculated
          as shown in the chart “Adjusted Basis of Office
          Building.”

          Adjusted basis of office building

           Purchase price               $2,100,000
           Acquisition costs               15,000
           Improvements                   130,000
           Depreciation                     (485,000)
           Adjusted basis              $1,760,000



            A, a high-income taxpayer, intends to sell the
          office building for $3,250,000 and replace it with
          an apartment complex. The realized gain on her
          relinquished property is shown in the chart “Real-  Scenario No. 1
          ized Gain on Relinquished Property.”      A sells her office building outright. She will pay
                                                    income taxes as shown in the chart “Total Tax
          Realized gain on relinquished             Liability From Sale of Relinquished Property”
                                                    (using 2020 tax rates and assuming she is a
          property                                  high-income earner).
           Sales price                  $3,250,000
           Adjusted basis                (1,760,000)  Total tax liability from sale of
           Realized gain               $1,490,000   relinquished property
                                                     Realized gain on
                                                     sale           $1,490,000
            If A decides to structure the sale of her property   Long-term
          as a like-kind exchange, she must fully reinvest   capital gains   1,005,000  20%  $201,000
          the proceeds from the sale of the office building.
                                                     Depreciation
          To preserve her Sec. 1031 status, A cannot receive   recapture       485,000  25%   121,250
          any of the proceeds from the original sale. Con-
                                                     Net investment
          sequently, A must determine how much cash will            $1,490,000  3.8%  56,620
                                                     income tax
          be received upon relinquishment of her original
                                                     Total tax
          property so that she knows how much must be rein-                        $378,870
                                                     liability
          vested. If A sells the office building for $3,250,000
          and pays off her mortgage of $1,000,000, she will
          have $2,250,000 to reinvest.              Scenario No. 2
            A must purchase a replacement property for an   A sells her office building using a Sec. 1031
          amount that is equal to or greater than the sales   exchange (using current tax rules). Consequently,
          price of the relinquished property, and she must   she defers all gain recognition and depreciation
          obtain a mortgage on the new property that is equal   recapture, saving $378,870 of income tax in the
          to or greater than the mortgage on her original   current year, which can be used for reinvestment
          property. In this situation, the purchase price of   purposes.
          a replacement property should be greater than
          $3,250,000, and a mortgage on the replacement   Scenario No. 3
          property should be greater than $1,000,000.   A sells her office building using a Sec. 1031 exchange
            A comparison of the tax consequences to A of   (using proposed tax rules). Assuming that deprecia-
          selling her office building in exchange for an apart-  tion recapture rules are unchanged, she will pay
          ment building under three scenarios is presented   income taxes as shown in the chart “Taxes From
          next.                                     Like-Kind Exchange Under Proposed Changes.”

          journalofaccountancy.com                                                              January 2022    |   35
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