What is a 1031 improvement exchange?

Question

Could you explain what a 1031 improvement exchange is, including how it functions and its potential benefits for real estate investors looking to defer capital gains taxes while enhancing the value of their replacement property?

ARTE's Answer

A 1031 improvement exchange, also known as a construction or build-to-suit exchange, is a type of 1031 exchange that allows an investor to use exchange proceeds to make improvements on the replacement property. This type of exchange is particularly beneficial when the investor wants to acquire a property that requires renovations or construction to meet their investment goals. The key advantage of a 1031 improvement exchange is that it allows the investor to defer capital gains taxes while also enhancing the value of the replacement property.

In a typical 1031 exchange, the investor sells a relinquished property and uses the proceeds to purchase a like-kind replacement property. However, in a 1031 improvement exchange, the investor can use the proceeds not only to acquire the replacement property but also to fund improvements on it. This is particularly useful if the replacement property is not initially of equal or greater value than the relinquished property, as the improvements can increase its value to meet the exchange requirements.

To facilitate a 1031 improvement exchange, the investor must adhere to the same strict timelines as a standard 1031 exchange. The replacement property must be identified within 45 days of the sale of the relinquished property, and the improvements must be completed within 180 days. Additionally, the investor cannot take possession of the replacement property until the improvements are completed. Instead, a qualified intermediary, like us at Deferred.com, holds the title to the property during the construction period.

Here's an example to illustrate how a 1031 improvement exchange works:

  1. You sell your relinquished property for $500,000 and engage Deferred.com as your qualified intermediary. We hold the proceeds from the sale.
  2. Within 45 days, you identify the $300,000 replacement property and the necessary improvements totaling $200,000.
  3. Deferred.com purchases the replacement property on your behalf and holds the title while the improvements are made.
  4. The $200,000 in improvements are completed within the 180-day exchange period, bringing the total value of the replacement property to $500,000.
  5. Once the improvements are completed, Deferred.com transfers the title of the improved property to you, completing the exchange.

By using a 1031 improvement exchange, you have successfully deferred capital gains taxes and acquired a property that meets your investment needs. The key to a successful improvement exchange is careful planning and strict adherence to the IRS timelines and regulations. As your qualified intermediary, Deferred.com ensures that the process is seamless and compliant, allowing you to focus on maximizing your investment.

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

What are the holding period requirements for a 1031 exchange?
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Can a 1031 exchange be structured in a way that allows the proceeds from the sale of a relinquished property to be used to pay off an existing mortgage, while still deferring capital gains taxes?