S Corp held real property with two individual shareholders (not husband and wife) on the advice of an Attorney incorporate/organize two separate LLC's sold the S Corp's property and intermediary held funds and purchased two separate properties each under separate LLC's (single disregarded entity). Is this considered a 1031 Exchange?
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I think you need to get a written opinion from the attorney, who might want to hire a tax attorney. Any opinion offered on this anonymous forum wouldn't be worth the paper it isn't written on.
My gut reaction is NO. Entity A sold a property and entities B & C ended up with the properties.
That's a complex run on sentence. Who owned the original piece of real estate? Who owns the LLCs?
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S Corp owns the real estate. Each shareholder owns one LLC a piece.
Since you either don't have or won't provide the details of the transaction, ask the attorney who set this up.
I think you need to get a written opinion from the attorney, who might want to hire a tax attorney. Any opinion offered on this anonymous forum wouldn't be worth the paper it isn't written on.
My gut reaction is NO. Entity A sold a property and entities B & C ended up with the properties.
I agree
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