What is involved in a 1031 exchange?
James Williams
Updated on March 14, 2026
In real estate, a 1031 exchange is a swap of one investment property for another that allows capital gains taxes to be deferred. An exchange can only be made with like-kind properties and IRS rules limit use with vacation properties. There are also tax implications and time frames that may be problematic.
How does a 1031 exchange work for a seller?
Under section 1031, any proceeds received from the sale of a property remain taxable. For that reason, proceeds from the sale must be transferred to a qualified intermediary, rather than the seller of the property, and the qualified intermediary transfers them to the seller of the replacement property or properties.
Can you do a 1031 exchange before you sell?
If you follow all of the IRS rules for a “Reverse 1031 Exchange,” then yes, it is possible to acquire property in a like-kind exchange before selling the property given up. These transactions allow you to reinvest all of your proceeds into the new property rather than paying the tax on the gain.
What is the most common 1031 exchange?
delayed exchange
The most common form of 1031 exchange is a delayed exchange. Most people sell an investment property, identify replacements, and close on a replacement property later.
Is the 1031 exchange a sale or a like kind exchange?
Broadly stated, a 1031 exchange (also called a like-kind exchange or a Starker) is a swap of one investment property for another. Although most swaps are taxable as sales, if yours meets the …
Is there a 45 day rule for 1031 exchange?
A case in point: two 1031 rules add difficulties from the start literally. The 45-day rule limiting the property identification period. This period starts with the first property being sold.
What happens if there is a failed 1031 exchange?
Failed exchanges often happen if the exchanger doesn’t meet the 45 day 1031 exchange property identification period rule or other requirements. After 10 years, e.g., you sell a 39-year rental property costing $390,000 for $490,000.
What’s the capital gain on a 1031 exchange?
Say in the 1031 exchange process you exchanged your debt-free relinquished property of $490,000 value. With an adjusted basis of $294,000 you have a $200,000 capital gain. Your replacement has a $390,000 debt-free basis.