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1031 Exchange FAQ

  • A 1031 exchange (named after Section 1031 of the IRS tax code) allows real estate investors to defer capital gains taxes when selling an investment property — as long as the proceeds are reinvested into a like-kind replacement property within specific IRS timelines. A properly executed 1031 exchange can defer taxes indefinitely and preserve significant equity that would otherwise be lost to federal and state taxes.

  • There are two critical IRS deadlines:

    45-Day Identification Period — You must identify potential replacement properties within 45 days of selling your relinquished property

    180-Day Exchange Period — You must close on the replacement property within 180 days of the sale

    Missing either deadline disqualifies the exchange and triggers the capital gains tax. Working with an experienced advisor helps ensure you identify and close on qualifying replacement properties within these windows.

  • “Like-kind” is broader than most investors realize. Any real property held for investment or business use generally qualifies — including residential rentals, commercial buildings, raw land, and Delaware Statutory Trusts. Primary residences and properties held primarily for sale (like fix-and-flip projects) do not qualify.

  • Yes. The IRS confirmed in Revenue Ruling 2004-86 that Delaware Statutory Trust interests qualify as like-kind replacement property for 1031 exchange purposes. DSTs are one of the most popular 1031 exchange options for investors who want to defer taxes while transitioning out of active property management.

  • We’re happy to walk through any of these topics in more detail during a complimentary consultation. Every investor’s situation is different — and the right strategy depends on your goals, timeline, and tax picture.

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