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1031 Exchange

How To Get A Capital Gains Tax Break

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WHAT IS A 1031 EXCHANGE?

Named after section 1031 of the U.S. Internal Revenue Code, a 1031 exchange allows you to defer capital gains taxes by reinvesting the proceeds from the sale of a business or investment property into a similar property. It's often called a "like-kind" exchange—but don't worry, it’s not as confusing as it sounds.

What is like kind for a 1031 Exchange?

What Qualifies as Like-Kind?

1031 exchanges are generally for business or investment properties—not personal-use like your home or vacation house.

Stocks, bonds, partnership interests, and similar financial instruments also don’t qualify.

HOW DOES A 1031 EXCHANGE WORK?
Pulling off a 1031 exchange requires following a specific set of rules and deadlines, so having a trusted team of experts is key. Hereā€™s a quick breakdown of the process:
1. CHOOSE AN INCOME PROPERTY OR BUSINESS YOU OWN FOR THE EXCHANGE 5. ANOTHER IMPORTANT DEADLINE = 180 DAYS TO CLOSE ESCROW ON THE REPLACEMENT PROPERTY 2. WORK WITH A QUALIFIED INTERMIDIARY (QI) 6. DON'T TOUCH THE CASH OF YOUR HANDS! TOUCH IT AND RISK DISQUALIFYING 3. FIND A LIKE-KIND PROPERTY WITHIN 45 DAYS + GIVE YOUR QI THE DETAILS 7. FILE THE RIGHT FORMS = IRS FORM 8824 (Link below) 4. REMEMBER, ONLY THE GAINS EXCHANGED TO THE NEW VENTURE ARE TAX DEFERRED
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Other 1031 Rules You Need to Know

The Fine Print: 

  • Taxes Aren’t Gone Forever: A 1031 exchange defers your tax bill; it doesn’t eliminate it. That said, if the property passes to heirs, they might avoid taxes altogether with a stepped-up cost basis.
  • Flexibility with "Like-Kind": You don’t need to swap an apartment building for another apartment building. You could exchange vacant land for a commercial space, for example.
  • Qualified Intermediary Restrictions: Your intermediary can’t be a relative, your attorney, or your real estate agent. Keep it professional (and neutral).

 

Types of 1031 Exchanges

SINGLE FAMILY INCOME

SINGLE FAMILY INCOME

The IRS has a minimum length of time the home must have been used as an income property (typically 2 years or more).

A Business

A Business

Any kind of business! Brick and mortar, virtual or a combo of the two!

MULTI FAMILY INCOME

MULTI FAMILY INCOME

4 units or less is still considered residential. 5 units or more is commercial and BOTH can be exchanged for either. Or...

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Avoiding Scams

Yes, 1031 exchanges are legit, but that doesn’t mean everyone pitching them has good intentions. If someone tells you to exchange a vacation home or claims it’s a tax-free deal, run the other way—it’s likely a scam.

 

WHY THIS ROCKS

A successful 1031 exchange can bring you some serious perks. Think deferring capital gains taxes, opening doors for bigger investments, and supercharging your real estate portfolio.

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When you ace a 1031 exchange, you're pressing pause on those capital gains taxes. That's more of your money staying put ā€“ just where it should be.

2

With taxes out of the picture, your financial muscles flex a bit more. Picture the chunk you'd have handed over to taxes now fueling your next big investment move.

3

Your real estate portfolio? It's getting a major upgrade. Swapping properties strategically is like giving it a turbo boost.

ARE YOU READY?

My team and I have partnered with some of the best pros in the business to ensure that your 1031 Exchange goes smoothly. Click here to set up a complimentary consultation to see how easy we can make this for you.