1031 Starker tax free exchange and AMT: does boot trigger AMT even with other offsetting capital gain losses?

Does the existance of capital gains from a Starker 1031 tax free exchange trigger the Alternate Minimum Tax, even when other capital gain losses exist to offset it? Specifically: I own commercial real estate in Rhode Island that I am planning to exchange for other residential property this year using a 1031 tax free exchange. However, there will be some boot left over from the commercial property exchanged (i.e., just to make it clear, the commercial property I'm exchanging is worth $2 million while the residential property I'm acquiring is worth $1.5M, leaving $500k left over in boot). I have stock losses from the dot-com days to cover the boot (in the above example, I have $600k in stock capital gain long term carryover losses). However, I've been told that even though I have long-term capital gain losses, and by my reckoning will owe no tax, the $500k boot will trigger the AMT, which requires a tax be paid. Is this true? By way of further clarification my income is just under the AMT limit at the moment, but with the addition of the $500k boot I will of course be over the limit. I am married with dependants, if that matters. A cite of the relevant code or a web link is ideal, but any answers are appreciated, even without citation. Thank you.

Francois Appert

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Reply to
Francois Appert
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I think Capital Losses can be carried forward onto the AMT calculation and you be able to offset your gain with your past losses. Regardless, have you considered putting the $500K in another like-kind investment instead? A non-managerial, fractional interest in a commercial property would provide an income stream, diversify your real estate portfolio, and defer the tax on the $500K. Of course the income from the rents distributed to you would be taxable, but at least the liability is more spread out. There are many trust companies that specialize in 1031 exchanges to accomplish this goal.

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kastnna

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