Does a 1031 exchange have to be equal or greater value?

Question

In a 1031 exchange, is it necessary for the replacement property to have a value that is equal to or greater than the relinquished property in order to fully defer capital gains taxes?

ARTE's Answer

When engaging in a 1031 exchange, one of the key requirements is that the replacement property must be of equal or greater value than the relinquished property to achieve full tax deferral. This means that the net sales price of the relinquished property, which is the sales price minus any allowable closing costs, should be reinvested into the replacement property. Additionally, the debt on the replacement property should be equal to or greater than the debt on the relinquished property to avoid recognizing any gain.

To illustrate this, let's consider an example where Deferred.com acts as your qualified intermediary. Suppose you own a rental property that you originally purchased for $300,000, and it is now worth $500,000. You have a mortgage of $100,000 on this property. You decide to sell this property and use the proceeds to purchase a new property through a 1031 exchange.

In this scenario, to defer all capital gains taxes, you would need to purchase a replacement property with a value of at least $500,000. This ensures that you are reinvesting the entire net sales proceeds from the relinquished property. Additionally, you would need to ensure that the new property has a mortgage of at least $100,000 to match or exceed the debt on the relinquished property.

Here's how the process would work with Deferred.com as your qualified intermediary:

  1. Sale of Relinquished Property: You sell your rental property for $500,000. After paying off the $100,000 mortgage and any allowable closing costs, the remaining proceeds are held by Deferred.com, your qualified intermediary.
  2. Identification Period: Within 45 days of selling your relinquished property, you must identify potential replacement properties. This is a critical step in the 1031 exchange process.
  3. Purchase of Replacement Property: You identify and purchase a new property for $500,000 or more. Deferred.com uses the proceeds from the sale of your relinquished property to fund the purchase of the replacement property.
  4. Debt Replacement: You take out a new mortgage on the replacement property for at least $100,000 to ensure that your debt level is equal to or greater than the debt on the relinquished property.

By following these steps and ensuring that the replacement property is of equal or greater value, you can successfully defer capital gains taxes through a 1031 exchange. Deferred.com, as your qualified intermediary, facilitates the transaction, ensuring compliance with IRS regulations and helping you achieve your investment goals without incurring unnecessary fees.

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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