What type of properties benefit from a 1031 exchange?

Question

What types of real properties qualify for a 1031 exchange, allowing for the deferral of capital gains taxes, and what are the specific criteria that these properties must meet to benefit from such an exchange under the Internal Revenue Code?

ARTE's Answer

A 1031 exchange is a powerful tax-deferral strategy that can be utilized by real estate investors to defer capital gains taxes when selling a property and reinvesting the proceeds into a new property. The key to a successful 1031 exchange is understanding which types of properties qualify and can benefit from this strategy.

Under Section 1031 of the Internal Revenue Code, the properties involved in the exchange must be held for productive use in a trade or business or for investment purposes. This means that the properties should not be held primarily for personal use or for sale, such as a primary residence or inventory. Instead, they should be investment properties, such as rental properties, commercial real estate, or land held for appreciation.

The properties exchanged must also be of “like-kind,” which refers to the nature or character of the property rather than its grade or quality. For real estate, this is broadly interpreted, allowing for a wide range of property types to be considered like-kind. For example, you can exchange:

  • An apartment building for a retail center,
  • A piece of raw land for an office building, or
  • A single-family rental home for a multi-family property.

The flexibility in what constitutes like-kind real estate is one of the reasons why 1031 exchanges are so beneficial for real estate investors.

Example

Suppose you own a rental property (a single-family home) that you purchased for $200,000 several years ago. Over time, the property's value has appreciated, and it is now worth $400,000. You decide to sell this property and reinvest in a larger multi-family property to increase your rental income potential.

Without a 1031 exchange, selling the single-family home would trigger capital gains taxes on the $200,000 gain ($400,000 sale price minus the $200,000 purchase price). However, by utilizing a 1031 exchange, you can defer these taxes by reinvesting the proceeds into a like-kind property.

At Deferred.com, we offer qualified intermediary services to facilitate this process. As your qualified intermediary, we would handle the sale of your relinquished property (the single-family home) and hold the proceeds. You would then have:

  • 45 days to identify potential replacement properties, and
  • 180 days to close on the purchase of the new property.

Let’s say you identify and purchase a multi-family property for $500,000. By reinvesting the entire $400,000 from the sale of your single-family home into the new property, you defer the capital gains taxes on the sale. Additionally, you can finance the remaining $100,000 to complete the purchase, allowing you to leverage your investment further.

By using a 1031 exchange, you keep your equity working for you, allowing you to trade up into more profitable investment properties without the immediate tax burden. This strategy not only helps in deferring taxes but also in building wealth over time by enabling you to reinvest in properties that better align with your investment goals.

At Deferred.com, we pride ourselves on offering a No Fee Exchange, saving investors money and making the process as seamless as possible. By choosing us as your qualified intermediary, you can focus on finding the right replacement property while we handle the complexities of the exchange process.

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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