How to buy a 1031 exchange property?

Question

How can I successfully purchase a replacement property in a 1031 exchange to ensure that I defer my taxable gain and comply with IRS regulations?

ARTE's Answer

When you're looking to buy a property as part of a 1031 exchange, the process involves several key steps to ensure compliance with IRS regulations and to successfully defer capital gains taxes. Here's a detailed breakdown of how to buy a 1031 exchange property, with an example to illustrate the process:

  1. Identify the Relinquished Property: The first step in a 1031 exchange is to identify the property you currently own that you wish to sell, known as the relinquished property. This property must be held for productive use in a trade or business or for investment purposes.
  2. Engage a Qualified Intermediary: To facilitate the exchange, you need to engage a qualified intermediary (QI) like us at Deferred.com. We act as a neutral third party to hold the proceeds from the sale of your relinquished property and use them to purchase your replacement property. This step is crucial because you cannot have actual or constructive receipt of the sale proceeds to qualify for tax deferral.
  3. Sell the Relinquished Property: Once you've engaged us as your QI, you can proceed with selling your relinquished property. The proceeds from this sale will be transferred to us, and we will hold them in a secure account.
  4. Identify Replacement Property: After selling your relinquished property, you have 45 days to identify potential replacement properties. You can identify up to three properties regardless of their value, or more than three if their combined value does not exceed 200% of the relinquished property's value. This identification must be in writing and submitted to us as your QI.
  5. Purchase the Replacement Property: You have 180 days from the sale of your relinquished property to close on the purchase of your replacement property. The replacement property must be of like-kind, meaning it should also be held for investment or business purposes. We will use the proceeds from the sale of your relinquished property to purchase the replacement property on your behalf.

Example: Let's say you own a rental property valued at $500,000, which you purchased for $300,000. You decide to sell this property and use the proceeds to buy a larger apartment complex valued at $700,000.

  • You engage us at Deferred.com as your QI.
  • You sell your rental property for $500,000, and the proceeds are transferred to us.
  • Within 45 days, you identify three potential apartment complexes as replacement properties.
  • You decide on one of the complexes, valued at $700,000, and we use the $500,000 proceeds to purchase it on your behalf.
  • You secure a mortgage for the remaining $200,000 to complete the purchase.

By following these steps and using us as your QI, you successfully defer the capital gains tax on the sale of your rental property, allowing you to reinvest the full amount into a more valuable investment property. This process not only helps in deferring taxes but also aids in building wealth by leveraging the full value of your investment. Always ensure to consult with a tax advisor to align your specific situation with IRS requirements.

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.

Sources

Learn More

See more frequently asked questions about 1031 exchanges

Can you do a 1031 exchange out of the country?
Is it possible to conduct a 1031 exchange involving real property located outside the United States, and if so, what are the specific conditions or limitations that apply to such international exchanges under the current tax code?
Is 1031 exchange only for real estate?
Is a 1031 exchange applicable exclusively to real estate transactions, or can it be used for other types of property as well?
How much time to do a 1031 exchange?
What is the maximum allowable time frame to complete a 1031 exchange, including the identification and acquisition of replacement property, to ensure compliance with IRS regulations and defer taxable gain?
Can a single member llc do a 1031 exchange?
Can a single-member LLC, which is treated as a disregarded entity for federal tax purposes, engage in a 1031 exchange, and if so, what are the specific considerations or requirements that must be met to ensure the exchange qualifies for tax deferral under Section 1031 of the Internal Revenue Code?
Can 1031 exchange be used for stocks?
Can a 1031 exchange be applied to the exchange of stocks, or is it limited to real property held for productive use in a trade or business or for investment?