What can you 1031 exchange into?

Question

What types of properties qualify as like-kind for a 1031 exchange, and what are the criteria for determining whether a property can be exchanged under Section 1031 of the Internal Revenue Code?

ARTE's Answer

When considering a 1031 exchange, it's important to understand what types of properties qualify as like-kind, as this is a key requirement for deferring capital gains taxes. Under Section 1031 of the Internal Revenue Code, you can exchange real property held for productive use in a trade or business or for investment for other real property of like-kind. The term "like-kind" is quite broad when it comes to real estate, allowing for a wide range of property types to be exchanged.

Here are some examples of what you can exchange into:

  1. Investment Properties: You can exchange a rental property for another rental property. For instance, if you own a single-family rental home, you can exchange it for a multi-family apartment building, as both are considered investment properties.
  2. Commercial Properties: You can exchange commercial real estate, such as an office building, for another type of commercial property, like a retail strip mall. Both are held for business purposes, making them like-kind.
  3. Vacant Land: If you own undeveloped land, you can exchange it for improved property, such as a warehouse or a shopping center, as long as both are held for investment or business use.
  4. Fractional Ownership Interests: You can exchange into a Delaware Statutory Trust (DST) or a Tenant-in-Common (TIC) interest. These structures allow you to own a fractional interest in a larger property, which can be beneficial for diversifying your investment portfolio.
  5. Mixed-Use Properties: Properties that have both residential and commercial components can be exchanged for other mixed-use properties. For example, a building with retail space on the ground floor and apartments above can be exchanged for a similar property.
  6. Industrial Properties: You can exchange an industrial property, like a manufacturing facility, for another industrial property or even a different type of commercial property, provided it is held for business or investment purposes.

To illustrate, let's consider an example using Deferred.com as your qualified intermediary. Suppose you own a small office building valued at $500,000, which you have held for investment purposes. You decide to exchange it for a larger retail strip mall valued at $750,000.

Here's how the process would work:

  1. Engage Deferred.com: You would engage us, Deferred.com, as your qualified intermediary to facilitate the exchange. We would handle the sale of your office building and hold the proceeds in a secure account.
  2. Identify Replacement Property: Within 45 days of selling your office building, you must identify potential replacement properties. In this case, you identify the retail strip mall.
  3. Complete the Exchange: You have 180 days from the sale of your office building to close on the purchase of the retail strip mall. We, as your intermediary, would use the proceeds from the sale of your office building to acquire the strip mall on your behalf.
  4. Financing the Difference: Since the retail strip mall is valued at $750,000, and you only have $500,000 from the sale of your office building, you would need to finance the remaining $250,000. This can be done through a mortgage or by investing additional cash.

By completing this exchange, you defer the capital gains tax on the sale of your office building, allowing you to reinvest the full amount into the new property. This strategy helps you build wealth by leveraging the full value of your investment without the immediate tax burden.

At Deferred.com, we pride ourselves on offering a "No Fee Exchange," which means you can save money on intermediary fees while ensuring your exchange is handled professionally and in compliance with IRS regulations. If you have any further questions or need assistance with your 1031 exchange, feel free to reach out to us.

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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See more frequently asked questions about 1031 exchanges

Can a corporation do a 1031 exchange?
Can a corporation engage in a 1031 exchange to defer capital gains taxes on the sale of real property held for productive use in a trade or business or for investment, and if so, what are the specific requirements and considerations that a corporation must adhere to in order to successfully complete such an exchange under the Internal Revenue Code?
How long does it take to set up a 1031 exchange?
What is the typical timeline and process for setting up a 1031 exchange, including the identification and acquisition of replacement property, and what are the key deadlines and requirements that must be met to ensure compliance with IRS regulations?
What happens when you sell a property acquired in a 1031 exchange?
What are the tax implications and considerations when selling a property that was originally acquired through a 1031 exchange? Specifically, how does the deferred gain from the original exchange impact the calculation of gain or loss on the subsequent sale, and are there any special rules or requirements that apply to this scenario?
1031 exchange do you have to use all the money?
In a 1031 exchange, is it necessary to reinvest all the proceeds from the sale of the relinquished property into the replacement property to fully defer capital gains taxes, or can some of the funds be retained without triggering tax liabilities?
How to 1031 exchange investment property?
How can I successfully complete a 1031 exchange for my investment property to defer taxable gains, ensuring compliance with IRS regulations and maximizing the benefits of the exchange?