Home Selling 10/18/2023

What is 1031 exchange?

A 1031 exchange, also known as a like-kind exchange, is a provision in the United States tax code that allows real estate investors to defer capital gains taxes when they sell a property and reinvest the proceeds into another property of equal or greater value. This exchange is named after Section 1031 of the Internal Revenue Code, which outlines the rules and requirements for this type of transaction. By taking advantage of a 1031 exchange, investors can defer paying capital gains taxes, allowing them to leverage their profits and reinvest in more valuable properties. To qualify for a 1031 exchange, the properties being exchanged must be held for investment, business, or productive use in trade, and they must be of like-kind, though the definition of like-kind is quite broad for real estate. Additionally, there are strict timelines to adhere to, including a 45-day identification period during which the investor must identify potential replacement properties and a 180-day exchange period to complete the transaction. Properly executed, a 1031 exchange can be a powerful tool for real estate investors to build and diversify their portfolios while deferring taxable gains. It’s important for investors to work closely with qualified professionals, such as real estate agents and tax advisors, to navigate the complex rules and ensure compliance with IRS regulations.