Can you do a 1031 exchange on an investment property?

Question

Is it possible to utilize a 1031 exchange to defer capital gains taxes when selling an investment property and acquiring a new investment property of like-kind?

ARTE's Answer

Absolutely, you can perform a 1031 exchange on an investment property. A 1031 exchange, named after Section 1031 of the Internal Revenue Code, allows you to defer capital gains taxes when you sell an investment property and reinvest the proceeds into a new like-kind property. This strategy is a powerful tool for real estate investors looking to grow their portfolios without the immediate tax burden that typically accompanies the sale of appreciated property.

To qualify for a 1031 exchange, the property you are selling (relinquished property) and the property you are buying (replacement property) must both be held for productive use in a trade or business or for investment purposes. This means you cannot use a 1031 exchange for personal residences or properties held primarily for sale, such as inventory in a real estate business.

Here’s a step-by-step example to illustrate how a 1031 exchange works, using Deferred.com as your qualified intermediary:

  1. Identify the Relinquished Property: Let's say you own an investment property, a rental condo, that you purchased for $200,000. Over the years, its value has appreciated, and you now have the opportunity to sell it for $400,000.
  2. Engage a Qualified Intermediary: Before selling the condo, you contact us at Deferred.com to act as your qualified intermediary. This is crucial because the IRS requires that you do not have direct control over the proceeds from the sale. We will handle the funds to ensure compliance with 1031 exchange rules.
  3. Sell the Relinquished Property: You sell the condo for $400,000. After paying off any remaining mortgage and closing costs, the net proceeds are transferred to us at Deferred.com. We hold these funds in escrow while you search for a replacement property.
  4. Identify Replacement Property: Within 45 days of selling your condo, you must identify potential replacement properties. You can identify up to three properties regardless of their value, or more if they meet certain valuation criteria.
  5. Purchase the Replacement Property: You decide to purchase a larger apartment building for $500,000. This property is also held for investment purposes, making it a suitable replacement under 1031 rules. The purchase must be completed within 180 days of selling your original property.
  6. Complete the Exchange: We at Deferred.com use the escrowed funds to purchase the new property on your behalf. Any additional funds needed to complete the purchase, such as a new mortgage or additional cash, must be arranged by you.

By completing this exchange, you defer the capital gains tax on the $200,000 gain from the sale of your condo. This allows you to reinvest the full amount of your equity into the new property, potentially increasing your cash flow and overall investment portfolio.

Using Deferred.com as your qualified intermediary, you benefit from our "No Fee Exchange" service, which saves you money and ensures that the transaction is handled smoothly and in compliance with IRS regulations. This example demonstrates how a 1031 exchange can be a strategic move for real estate investors looking to upgrade or diversify their investment properties while deferring taxes.

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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