Glossary/Definitions

Accommodator Boot Buyer Buyer-Accommodator Constructive Receipt of Cash Like-Kind Napkin Test Net Effective Equity Qualified Intermediary Phase I

Phase II Relinquished Property Replacement Property Taxpayer Seller Seller-Accommodator Exchange Realized Gain Recognized Gain Deferred Gain

Accommodator - Qualified Intermediary. An accommodator can also be a Buyer or Seller in a three-way exchange.

Boot - Unlike property or non-qualifying property such as securities, cash, notes, partnership interests, etc. Taxpayer who receives boot ("unlike" property) will have to recognize gain to the extent of the net boot received or realized gain, whichever is less.

Buyer - Individual that would like to purchase Taxpayer's Relinquished Property.

Buyer-Accommodator Exchange - Exchange wherein Buyer acts as accommodator. Exchange occurs after Buyer acquires Replacement Property from Seller.

Constructive Receipt of Cash - Receipt of cash by Taxpayer's agent in transaction or "deemed receipt" by Taxpayer as a result of Taxpayer's legal right "to demand cash" under an improperly structured exchange.

Like-Kind - Refers to the "nature or character" of the property and not to its "grade or quality." That is, real property held for investment or the productive use in a trade or business may generally be exchanged on a tax-deferred basis for other real property held for investment or the productive use in a trade or business. Personal property held for investment or the productive use in a trade or business may no longer be exchanged on a tax-deferred basis for other personal property; hence, personal property received in an exchange is boot and gain must be recognized to the lower of the fair market value of the personal property or the taxpayer's realized gain. Professional tax advice should always be obtained when planning exchanges and considering the tax implications. Taxpayers are wise to consider having their CPAs prepare 8824 forms determining the consequences of potential exchange transactions before making a final decision on a 1031 exchange.

"Napkin Test" - A simple test developed by well-known attorney Marvin Starr to determine whether there will be Boot in an exchange.  As a general rule, the taxpayer who trades up in value, loans ("encumbrances") and equity will not have to recognize any gain. In Example 1, since the Taxpayer goes up or even in value, loans and equity, there is no Boot. In Example 2, the Taxpayer is going down in value and loans and will have $100,000 in Boot (mortgage relief).

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