What is a boot and how can I avoid it?
The term boot refers to non-like-kind property received in an exchange. This does not disqualify the exchange; however, it can introduce a taxable gain into the transaction and the Exchanger can have a “partially” deferred exchange rather than “fully”.
To avoid boot, you should remember three rules:
- Your Replacement Property must be like-kind and should be equal or greater in value than the property you’re selling
- Ensure that your net equity is “fully spent” when you purchase the Replacement Property
- Ensure that your debt on the Replacement Property is of equal or greater value than the property you’re selling