1031 Exchange
A tax deferred property exchange under Section 1031 of the Internal Revenue Code that defers capital gains and depreciation recapture when selling and reinvesting in like kind real estate.
Definition
A 1031 exchange is the most powerful tool in a rental investor's tax toolkit. It lets you sell an investment property and roll the proceeds into another like kind investment property without paying capital gains tax or depreciation recapture at the time of sale. Both liabilities are deferred until you eventually cash out, and if you keep exchanging and die with the property in your estate, your heirs receive a stepped up basis and the deferred tax evaporates entirely. The rules are strict. You must identify replacement properties within 45 days of the sale closing and close on the replacement within 180 days. You cannot touch the sale proceeds; they must go directly to a Qualified Intermediary (QI) who holds them until the replacement purchase closes. You must reinvest all of the proceeds or pay tax on the unreinvested portion (known as boot). The replacement property must be of equal or greater value and acquired with equal or greater debt. Missing any of these rules voids the exchange and triggers full taxation. Most rental investors use 1031 exchanges to consolidate portfolios, move into better markets, or trade up from smaller to larger properties over time.
Example
You sell a rental for $260,000 net proceeds after paying off the loan. You identify three replacement properties within 45 days, close on one for $285,000 within 180 days, and use all of your $260,000 plus $40,000 of new debt to buy. Exchange is valid, all capital gains and depreciation recapture are deferred.
Frequently asked
What are the 1031 exchange timing rules?
45 days to identify replacement property, 180 days to close. Both clocks start on the closing date of the property you sold.
Can I do a 1031 exchange into any type of property?
The replacement must be investment or business use real estate (like kind). You cannot exchange into a primary residence or a fix and flip property.
Who is a qualified intermediary?
A neutral third party who holds the sale proceeds during the exchange window. You cannot touch the money yourself; it must flow through the QI.
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