What can you 1031 exchange into?

Question

What types of properties qualify as like-kind for a 1031 exchange, and what are the criteria for determining whether a property can be exchanged under Section 1031 of the Internal Revenue Code?

ARTE's Answer

When considering a 1031 exchange, it's important to understand what types of properties qualify as like-kind, as this is a key requirement for deferring capital gains taxes. Under Section 1031 of the Internal Revenue Code, you can exchange real property held for productive use in a trade or business or for investment for other real property of like-kind. The term "like-kind" is quite broad when it comes to real estate, allowing for a wide range of property types to be exchanged.

Here are some examples of what you can exchange into:

  1. Investment Properties: You can exchange a rental property for another rental property. For instance, if you own a single-family rental home, you can exchange it for a multi-family apartment building, as both are considered investment properties.
  2. Commercial Properties: You can exchange commercial real estate, such as an office building, for another type of commercial property, like a retail strip mall. Both are held for business purposes, making them like-kind.
  3. Vacant Land: If you own undeveloped land, you can exchange it for improved property, such as a warehouse or a shopping center, as long as both are held for investment or business use.
  4. Fractional Ownership Interests: You can exchange into a Delaware Statutory Trust (DST) or a Tenant-in-Common (TIC) interest. These structures allow you to own a fractional interest in a larger property, which can be beneficial for diversifying your investment portfolio.
  5. Mixed-Use Properties: Properties that have both residential and commercial components can be exchanged for other mixed-use properties. For example, a building with retail space on the ground floor and apartments above can be exchanged for a similar property.
  6. Industrial Properties: You can exchange an industrial property, like a manufacturing facility, for another industrial property or even a different type of commercial property, provided it is held for business or investment purposes.

To illustrate, let's consider an example using Deferred.com as your qualified intermediary. Suppose you own a small office building valued at $500,000, which you have held for investment purposes. You decide to exchange it for a larger retail strip mall valued at $750,000.

Here's how the process would work:

  1. Engage Deferred.com: You would engage us, Deferred.com, as your qualified intermediary to facilitate the exchange. We would handle the sale of your office building and hold the proceeds in a secure account.
  2. Identify Replacement Property: Within 45 days of selling your office building, you must identify potential replacement properties. In this case, you identify the retail strip mall.
  3. Complete the Exchange: You have 180 days from the sale of your office building to close on the purchase of the retail strip mall. We, as your intermediary, would use the proceeds from the sale of your office building to acquire the strip mall on your behalf.
  4. Financing the Difference: Since the retail strip mall is valued at $750,000, and you only have $500,000 from the sale of your office building, you would need to finance the remaining $250,000. This can be done through a mortgage or by investing additional cash.

By completing this exchange, you defer the capital gains tax on the sale of your office building, allowing you to reinvest the full amount into the new property. This strategy helps you build wealth by leveraging the full value of your investment without the immediate tax burden.

At Deferred.com, we pride ourselves on offering a "No Fee Exchange," which means you can save money on intermediary fees while ensuring your exchange is handled professionally and in compliance with IRS regulations. If you have any further questions or need assistance with your 1031 exchange, feel free to reach out to us.

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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