What can you buy with a 1031 exchange?

Question

What types of properties qualify as like-kind for a 1031 exchange, and what are the criteria for selecting replacement properties to ensure compliance with IRS regulations and successful tax deferral?

ARTE's Answer

A 1031 exchange, named after Section 1031 of the Internal Revenue Code, allows investors to defer capital gains taxes on the sale of investment properties by reinvesting the proceeds into like-kind properties. The term "like-kind" is quite broad when it comes to real estate, which provides investors with a wide range of options for replacement properties. Here’s a detailed look at what you can buy with a 1031 exchange, along with an example to illustrate the process.

Understanding Like-Kind Properties

In the context of a 1031 exchange, "like-kind" refers to the nature or character of the property, not its grade or quality. This means that almost any type of real estate held for investment or business purposes can be exchanged for another type of real estate, as long as both the relinquished and replacement properties are located within the United States. Here are some examples of what you can buy:

  1. Residential Rental Properties: You can exchange a single-family rental home for a multi-family apartment building or vice versa.
  2. Commercial Properties: Office buildings, retail spaces, and industrial properties can be exchanged for other commercial properties.
  3. Vacant Land: Land held for investment can be exchanged for improved property, such as a commercial building or residential rental property.
  4. Mixed-Use Properties: Properties that have both residential and commercial uses can be exchanged for other mixed-use properties or purely residential or commercial properties.
  5. Delaware Statutory Trusts (DSTs): These are fractional ownership interests in large commercial properties, which can be an attractive option for investors seeking passive income without the responsibilities of property management.
  6. Tenants-in-Common (TIC) Interests: Similar to DSTs, TICs allow multiple investors to hold undivided fractional interests in a property.

Example of a 1031 Exchange

Let’s say you own a small apartment building valued at $500,000, which you originally purchased for $300,000. You’ve decided to sell this property and use the proceeds to purchase a larger commercial property. Here’s how the 1031 exchange process might work with Deferred.com as your qualified intermediary:

  1. Sale of Relinquished Property: You sell your apartment building for $500,000. To defer capital gains taxes, you must reinvest the entire net proceeds into a like-kind property.
  2. Engage Deferred.com: You engage us at Deferred.com to act as your qualified intermediary. We will hold the proceeds from the sale of your apartment building, ensuring you do not have constructive receipt of the funds, which is crucial for maintaining the tax-deferred status of the exchange.
  3. Identify Replacement Property: Within 45 days of selling your apartment building, you identify a commercial office building valued at $600,000 as your replacement property.
  4. Purchase of Replacement Property: Within 180 days, you complete the purchase of the office building using the $500,000 proceeds held by Deferred.com, plus an additional $100,000 from your own funds or through financing.
  5. Completion of Exchange: By reinvesting the full amount of the proceeds into a like-kind property and maintaining or increasing your level of investment, you successfully defer the capital gains taxes on the sale of your apartment building.

Using a 1031 exchange, you can strategically upgrade or diversify your real estate portfolio while deferring taxes, allowing more of your capital to remain invested and working for you. At Deferred.com, we facilitate this process by ensuring compliance with IRS regulations, providing a seamless and cost-effective exchange experience with our "No Fee Exchange" service.

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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