27. Can I exchange with a related party?

The Revenue Reconciliation Act of the 1989 Legislative session effected a two year related party restriction wherein property conveyed to a related party is now subject to a two-year holding period. If either exchanger or the related party disposes of the acquired properties within the two-year period, the non-recognition provisions will not apply and the exchanger must recognize gain as of the date the disqualifying disposition occurs. A related party is defined by cross reference to I.R.C. Section 268(b) which covers a wide range of relationships including family members, corporations, partnerships and trusts.

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