Exchanges involving personal property afford clients
the ability to engage in the most diverse types of exchanges possible.
Generally, the taxable gain on the disposition of most personal
property assets is primarily due to the depreciation taken over
the life of the asset and is less likely to be due to the combination
of depreciation and appreciation in the assets value, such
as is common in the sale of real property assets. To qualify for
exchange treatment, personal property assets must be either like-kind
or like class. Tangible depreciable personal property
is considered "like class" if it falls within the same
General Asset Class, or Product Class as described in Sectors 31
through 33 of the North American Industry Classification System
(NAICS). For example, a backhoe is not like-kind to a bulldozer,
but a backhoe and a bulldozer are like class because they are both
identified with the same NAICS code for construction machinery and
equipment. Exchanges involving tangible depreciable or non-depreciable
personal property assets include such assets as industrial machinery,
aircraft, passenger vehicles, trucks, collectibles, artwork, construction
and agricultural equipment, racehorses and livestock, marine vessels
and electric generation equipment. To add to the large variety of
personal property exchanges, clients can exchange like-kind
intangible personal property assets, such as broadcast spectrums,
franchise licenses, wireless telephone licenses, and copyrights
of books, music and software.
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