When considering a 1031 exchange, it's crucial to understand what types of properties qualify for this tax‐deferral strategy. Under Section 1031 of the Internal Revenue Code, the properties involved in the exchange must be “like‐kind,” which refers to the nature or character of the property, not its grade or quality. This means that both the relinquished property (the property you are selling) and the replacement property (the property you are acquiring) must be held for investment purposes or for productive use in a trade or business.

Qualifying Properties:

1. Real Property Held for Investment or Business Use: The properties must be held for investment or used in a trade or business. Examples include rental properties, commercial buildings, and land held for investment. The key is that the property should not be held primarily for sale, such as inventory or stock in trade.
2. Like‐Kind Real Estate: The term “like‐kind” is broadly interpreted for real estate. For instance, you can exchange an apartment building for a strip mall, raw land for a commercial building, or a rental house for an office building. The IRS does not consider the type of property (residential, commercial, industrial) as long as it is real property held for investment or business use.
3. Exclusions: Properties that do not qualify include primary residences, properties held primarily for sale (like fix‐and‐flip properties), and personal property. The IRS specifically excludes these from 1031 exchanges.

Example of a 1031 Exchange:

Let's say you own a rental property, a duplex, in San Francisco that you purchased for $500,000. Over the years, the property has appreciated, and it's now worth $1,000,000. You decide to sell this property and reinvest in a larger commercial property in Los Angeles, valued at $1,200,000, to increase your rental income potential.

1. Sale of Relinquished Property: You sell your San Francisco duplex for $1,000,000. Instead of receiving the proceeds directly, you engage Deferred.com to act as your Qualified Intermediary. We hold the funds from the sale to ensure you do not have constructive receipt, which is crucial for maintaining the tax‐deferred status.
2. Identification of Replacement Property: Within 45 days of selling your duplex, you identify the commercial property in Los Angeles as your replacement property. This identification must be in writing and submitted to Deferred.com.
3. Acquisition of Replacement Property: Within 180 days of the sale of your duplex, you close on the purchase of the Los Angeles commercial property. Deferred.com uses the $1,000,000 from the sale of your duplex to fund the purchase, and you secure additional financing or use other funds to cover the remaining $200,000.

By structuring the transaction this way, you defer the capital gains tax on the $500,000 appreciation of your duplex. This allows you to reinvest the full amount into the new property, maximizing your investment potential without the immediate tax burden.

At Deferred.com, we ensure that all the necessary steps and documentation are in place to comply with IRS regulations, providing you with a seamless and cost‐effective 1031 exchange experience. Our “No Fee Exchange” service further enhances your investment by saving you money on transaction costs.