Category: ‘Regulation and Legislation’

New Hampshire enacts 1031 exchange reform bill

July 16th, 2010 by Sam Smith

The Federation of Exchange Accommodators (FEA) has received confirmation that the New Hampshire Governor John Lynch has signed SB 483 into law. According to the FEA:

The new law amends prior law, which deprived taxpayers of Section 1031 tax deferral on a state level if they purchased replacement property in the name of a new entity, notwithstanding that the acquiring entity was a disregarded entity. The typical situation would be that in which a taxpayer
... (Read the rest of this entry)

IRS Chief Counsel Advisory 201025049: are there implications for your 1031 exchange program?

July 15th, 2010 by Brent Abrahm

Accruit is committed to closely monitoring the marketplace for factors that may have a potential impact on our clients and partners. The IRS recently issued a ruling that we believe is of interest to many companies with 1031 exchange programs, and we thought we'd take this opportunity to offer some details on that ruling. It should be noted that this is not intended as tax advice - Accruit does not provide tax guidance. We do, however, ... (Read the rest of this entry)

FEA calls Federal regulation of Exchange Facilitators in financial reform bill a good start

June 24th, 2010 by Sam Smith

- Industry's only trade association supports strong regulation, looks forward to working with Consumer Financial Protection Bureau to craft consumer protection measures President Obama is slated to sign the Consumer Financial Protection Act of 2010 (CFPA) into law in the coming days, and the Federation of Exchange Accommodators (FEA) believes the move is an important first step toward assuring comprehensive protection for all consumers. The FEA, the trade association representing the exchange facilitator industry, ... (Read the rest of this entry)

IRS issues 45 and 180-day extensions for disaster areas in Mississippi, Tennessee and Alabama

May 11th, 2010 by Sam Smith

This just arrived via e-mail from the FEA:

The IRS has issued extension Notices for the following disaster areas (the Covered Disaster Areas) for storms beginning on the disaster date in bold: Mississippi (April 23): Attala, Choctaw, Holmes, Monroe, Oktibbeha, Union, Warren and Yazoo West Virginia: Fayette, Greenbrier, Kanawha, Mercer and Raleigh Alabama (April 24): DeKalb, Marshall and Walker Tennessee (April 30): Benton, Carroll, Cheatham, Chester, Clay, Crockett, Davidson, Decatur, DeKalb, Dickson, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Hickman, Houston, Humphreys, Jackson,
... (Read the rest of this entry)

Virginia passes Exchange Facilitator Act

April 26th, 2010 by Sam Smith

The Virginia state legislature has approved a new law governing the activities of qualified intermediaries and the state's governor, Bob McDonnell, has signed the act into law. The Virginia Exchange Facilitator Act (Virginia House Bill 417) is patterned largely after the Federation of Exchange Accommodators Model Act and will become effective on July 1. You can review the text of the Virginia Exchange Facilitator Act here. You can also find important information on other state and federal regulations that may ... (Read the rest of this entry)

California not only made the right decision, it made the green decision

April 13th, 2010 by Steve Chacon

carbAs we reported last week, California has decided to eliminate all the provisions within AB 2640 targeting Like-Kind Exchanges (LKEs) in the state. This is good news, as these provisions were particularly unfriendly to businesses that currently, or will someday, employ qualifying exchangeable assets. In short, the measures would have eliminated the enormous benefits of LKEs in California. From an economic standpoint it makes sense to keep LKEs working ... (Read the rest of this entry)

Update: California 1031 provisions dropped - official

April 8th, 2010 by Sam Smith

We noted yesterday that the California legislature was set to drop anti-1031 exchange provisions in AB 2640, a bill aimed at raising new revenues in the state. This move is now official, according to the Federation of Exchange Accommodators. Here's the text of an alert they issued earlier today:

California Assembly Bill Provision 2640 Regarding Like-Kind Exchanges To Be Removed IMPORTANT UPDATE FOR FEA MEMBERS We learned last night that California Assemblyman Juan Arambula has pledged to drop all provisions contained
... (Read the rest of this entry)

FEA alert: 45 and 180-day extensions for disaster areas in New Jersey and West Virginia

April 7th, 2010 by Sam Smith

The FEA has issued an important alert for businesses operating in areas of New Jersey and West Virginia affected by recent heavy storms.

The IRS has issued extension Notices for the following disaster areas (the Covered Disaster Areas) for storms beginning on March 12th (disaster dates are in bold) : New Jersey: Atlantic, Bergen, Cape May, Essex, Gloucester, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, and Union West Virginia: Fayette, Greenbrier, Kanawha, Mercer and Raleigh Both of the following criteria must be met to
... (Read the rest of this entry)

California to reconsider anti-1031 provisions

April 7th, 2010 by Sam Smith

We recently noted that a California legislator had introduced a new bill containing short-sighted measures which would essentially eliminate a company's ability to employ 1031 like-kind exchanges (LKEs).The law was intended to generate revenue for the financially strapped state, but was certain to have the precise opposite effect, especially in the long term. In mid-March the Federation of Exchange Accommodators (FEA) sent a letter detailing its concerns to the bill's sponsor, Assemblyman Juan Arambula. ... (Read the rest of this entry)

AED Government Affairs Conference: do you have questions or concerns you’d like addressed?

April 6th, 2010 by Sam Smith

Accruit President and CEO Brent Abrahm will be attending the AED Government Affairs Conference in Washington, DC on April 14-15. While there, he’ll be devoting significant attention to recent developments in the Heavy Equipment and Construction industries, as well as pressing legislative and regulatory issues pertaining to tax generally and 1031 exchanges specifically. If you have particular concerns that you’d like Brent to address while at the conference, or if you’d like him to reach ... (Read the rest of this entry)