Free Site Registration


More Debits & Credits Posts

Like-Kind Exchanges Run Amok

By Michael Cohn
January 7, 2013

Some of the largest corporations are relying on like-kind-exchanges to lower their tax bills, in some cases pushing the boundaries of what the Internal Revenue Service will allow under the law.

An eye-opening article in Sunday’s New York Times shed light on how major companies such as Cendant, General Electric and Wells Fargo are using like-kind exchanges to divert billions of dollars a year from the U.S. Treasury. The tax break was originally intended to help family farmers swap land, livestock and equipment without subjecting them to capital gains, taxes as long as they were simply replacing or upgrading those assets.

But like-kind exchanges have expanded to enable investors, real estate developers and art collectors to purchase all manner of assets, including vacation homes and thoroughbred race horses, without paying taxes on the transactions.

Companies are not supposed to be able to use the proceeds of a like-kind exchange for any purpose aside from purchasing a replacement for the asset that was sold. The money is supposed to be reinvested in the business, held in the meantime in an escrow account controlled by a third party.

But loopholes have developed over the years, allowing banks to give clients essentially unfettered access to the money in the escrow accounts.

With Congress and President Obama once again looking to do tax reform this year, like-kind exchanges may turn out to be one area they will be scrutinizing closely as a way to tighten the so-called “tax gap.”


Follow Accounting Today
Advertisement
Advertisement

What's the Biggest Threat or Challenge Facing Accountants?

May 22, 2013

Attendees at Accounting Today's Meet the Editors Dinner at Keens Steakhouse in New York discuss the top issues confronting accountants.

Women in Accounting: Breaking the Mold

May 21, 2013

A continued conversation with Marcum’s Nanette Lee Miller and Janis Cowhey McDonagh about the obstacles women in the accounting profession face when trying to make their way into leadership positions.

Advertisement

SLIDE SHOW

Tax Season by the Numbers

May 22, 2013

The IRS recently released statistics covering the year to May 10, 2013.

Top 10 Tech Initiatives -- 2013

May 5, 2013

The AICPA's annual list of IT priorities for accounting firms.

Tax Stats: May 2013

April 30, 2013

Our monthly collection of statistics from the world of tax.

10 Biggest Estate Planning Mistakes

April 29, 2013

Help your clients avoid these common pitfalls.

Common E-mail Security Mistakes

April 23, 2013

These five bad habits can make your confidential information -- and that of your clients -- easy to steal.

Advertisement
Advertisement
Advertisement