What happens when you sell a 1031 exchange property after?

Question

What are the tax implications and considerations when selling a property that was previously acquired through a 1031 exchange?

ARTE's Answer

When you sell a property that was acquired through a 1031 exchange, the tax implications depend on several factors, including how long you held the property and whether you plan to reinvest the proceeds into another 1031 exchange. Let’s break down the process and considerations involved.

Holding Period and Intent:
The IRS does not specify a minimum holding period for a property acquired through a 1031 exchange, but the property must be held for investment or business purposes. Generally, a holding period of at least two years is advisable to demonstrate the intent to hold the property for investment, which can help avoid scrutiny from the IRS. Selling the property too soon after the exchange might suggest that the property was not held for investment purposes, potentially disqualifying the original exchange.

Selling the Property:
When you decide to sell a property acquired through a 1031 exchange, you have two main options:

  1. Sell and Pay Taxes:
    If you sell the property and do not reinvest the proceeds into another 1031 exchange, you will need to recognize the deferred gain from the original exchange, as well as any additional gain realized from the sale. The gain is calculated based on the adjusted basis of the property, which includes the deferred gain from the previous exchange.
  2. Sell and Reinvest in Another 1031 Exchange:
    If you choose to reinvest the proceeds into another like-kind property through a 1031 exchange, you can continue to defer the capital gains taxes. This involves identifying a new replacement property within 45 days and completing the acquisition within 180 days, using a qualified intermediary like us at Deferred.com to facilitate the transaction.

Example:
Let’s say you originally sold a property for $500,000 and acquired a replacement property through a 1031 exchange, deferring a gain of $100,000. You held the replacement property for three years, during which its value increased to $600,000. Now, you decide to sell this property.

  • Option 1: Sell and Pay Taxes
    If you sell the property for $600,000 without reinvesting, you will recognize the deferred gain of $100,000 from the original exchange, plus any additional gain from the increase in value. Assuming no additional improvements or depreciation, your total gain would be $200,000 ($100,000 deferred gain + $100,000 new gain).
  • Option 2: Sell and Reinvest in Another 1031 Exchange
    If you sell the property for $600,000 and reinvest in another like-kind property through a 1031 exchange, you can defer the entire $200,000 gain. You would need to identify a new property within 45 days and complete the purchase within 180 days, using Deferred.com as your qualified intermediary to ensure compliance with IRS regulations.

At Deferred.com, we offer a “No Fee Exchange” service, which can save you money on transaction costs. By using our services, you can efficiently manage your 1031 exchange and continue to build wealth through real estate investments while deferring capital gains taxes. If you have any further questions or need assistance with your 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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