1031 Tax Deferred Exchanges: The Basics

What is IRC Section 1031?

Section 1031 of the Internal Revenue Code allows an owner of investment property to exchange property and defer paying federal and state capital gain taxes (20%+ applicable state taxes) if they purchase a "like-kind" property following the rules and regulations of the Internal Revenue Code. This allows investors to use all of their proceeds from their sale to leverage into more valuable real estate, increase cash flow, diversify into other properties, reduce management or consolidate into one property.

What is "Like-Kind" Property?

There is some confusion regarding what type of property qualifies for a §1031 tax deferred exchange. The Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment." "Like-Kind" property can include, but is not limited to, any of the following, provided it is held for investment:

  • Single Family Rental
  • Duplex
  • Apartment
  • Commercial Property
  • Raw Land

For example, a single family rental can be exchanged for raw land, or apartments or a commercial building. In addition, properties can be exchanged anywhere within the United States.

Does an Exchange need to be simultaneous?

No, contrary to what most owners envision, a §1031 tax deferred exchange is rarely a two-party swap. Most exchanges are delayed exchanges, whereby the Exchanger has 180 days between the sale of the relinquished property and the closing of their replacement property. They must identify the potential replacement property(s) within 45 days from closing on their relinquished property.

When is a 1031 Exchange Applicable

It is applicable whenever a property owner intends to SELL any property that is not their primary residence (and falls under the definition of "like-kind") and plans to BUY another "like-kind" property within 180 calendar days following the closing of their relinquished property. Paramount to any exchange is a competent and experienced Intermediary. Asset Preservation is the entity which structures, consults, guides and documents the exchange transaction from beginning to end.


Call for a Free Consultation: (800) 282-1031 or Visit our Web Site: apiexchange.com

This information is not intended to replace qualified legal and/or tax advisors. Every taxpayer should review their specific transaction with their own legal and/or tax counsel.

If you are interested in learning more about 1031 Tax-Deferred Exchanges, I would be happy to assist. Please don't hesitate to contact Andrew for more information, or call (970) 453-2200 for your real estate enquiries.