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Can the taxpayer refinance a property immediately prior to the exchange?

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Can the taxpayer refinance a property immediately prior to the exchange?

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Recent tax authority suggests that a refinancing of the relinquished property prior to sale with receipt of cash by the exchanger may not be deemed as “cash boot” under certain limited circumstances. This course of action is not generally recommended. In the event the exchanger needs cash for an independent business purpose, it is strongly recommended that the exchanger refinance the replacement property after the acquisition and when the independent need for cash arises.

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