Can you do a 1031 exchange in a different state?

Question

Is it possible to conduct a 1031 exchange when the relinquished property and the replacement property are located in different states, and are there any specific considerations or requirements that need to be addressed when executing such an exchange across state lines?

ARTE's Answer

Absolutely, you can perform a 1031 exchange across different states. The Internal Revenue Code Section 1031 allows for the exchange of real property held for productive use in a trade or business or for investment, regardless of the state in which the properties are located. The key requirement is that the properties involved in the exchange must be of like-kind, which generally means they must be real estate properties held for investment or business purposes.

When engaging in a 1031 exchange across state lines, it's crucial to adhere to the same rules and timelines that apply to any 1031 exchange. This includes identifying the replacement property within 45 days and completing the exchange within 180 days. Additionally, using a qualified intermediary, like us at Deferred.com, is essential to ensure compliance with IRS regulations and to avoid constructive receipt of funds, which could disqualify the exchange.

Let's consider an example to illustrate how a 1031 exchange can work across different states:

  1. Sale of the California Property: You enter into a sales agreement to sell your California property. At closing, the proceeds from the sale are transferred to us at Deferred.com, acting as your qualified intermediary. This step is crucial to ensure you do not have constructive receipt of the funds.
  2. Identification Period: Within 45 days of selling your California property, you must identify potential replacement properties in Texas. You can identify up to three properties, regardless of their value, or more if they meet certain valuation criteria.
  3. Purchase of the Texas Property: Within 180 days of the sale of your California property, you must close on the purchase of the identified replacement property in Texas. Deferred.com will use the funds held in the exchange account to purchase the Texas property on your behalf.
  4. Completion of the Exchange: Once the Texas property is acquired, the exchange is complete. You have successfully deferred capital gains taxes on the sale of your California property by reinvesting in a like-kind property in Texas.

By using Deferred.com as your qualified intermediary, you benefit from our “No Fee Exchange” service, which helps you save money while ensuring compliance with all 1031 exchange regulations. This cross-state exchange allows you to diversify your investment portfolio geographically while deferring taxes, thus maximizing your investment potential.

It's important to note that while the federal rules for 1031 exchanges are consistent across states, some states may have specific tax implications or requirements. Therefore, consulting with a tax advisor familiar with the tax laws in both states involved in the exchange is advisable to ensure a smooth transaction.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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