Drop and swap transactions can allow for big tax savings, but executing these transactions requires careful planning. A drop and swap transaction is one in which shares of a property owned by a partnership are distributed to each partner and then used to purchase a new property. Timing, however, is critical because if the time between the drop and swap (or the reverse swap and drop) is short, it can be argued that the property was never held for investment purposes - a requirement for a 1031 exchange. It's important that you consult an attorney and carefully plan your drop and swap transaction. Running afoul of the positions taken by the IRS or the California Franchise Tax Board could result in an audit or a trip to court.
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