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WHAT IS A 1031 EXCHANGE?

The Tax Deferred Exchange, as defined in §1031 of the Internal Revenue Code, offers taxpayers one of the last great opportunities to build wealth and save taxes. By completing an exchange, the Taxpayer (Exchanger) can dispose of investment or business-use assets, acquire Replacement Property, and defer the tax that would ordinarily be due upon the sale.

To fully defer the taxes on capital gain or depreciation recapture, the Exchanger must (a) acquire “like kind” Replacement Property that will be held for investment or used productively in a trade or business, (b) purchase Replacement Property of equal or greater value, (c) reinvest all of the equity into the Replacement Property, and (d) replace the value of the debt on the Replacement Property. Debt may be replaced with additional cash, but cash equity cannot be replaced with additional debt. Additionally, the Exchanger may not receive cash or other benefits from the sale proceeds during the exchange.

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Exchange Process & Compliance

Effective January 1, 2018, IRC §1031 applies only to real property assets. It does not apply to exchanges of personal property, stock in trade, inventory, or property held for sale, such as property acquired and developed or rehabbed for purposes of resale.

An exchange is rarely a swap of properties between two parties. Most exchanges involve multiple parties: the Exchanger, the buyer of the Exchanger’s old (Relinquished) property, the seller of the Exchanger’s new (Replacement) property, and a Qualified Intermediary. To create the exchange of assets and obtain the benefit of the “Safe Harbor” protections set out in Treasury Regulation.

Property Sale
 
Funds Held by Qualified Intermediary
 
Identify Replacement Property
 
Acquire New Investment Property
 
Tax Deferred

Key Benefits

HOW THE PROCESS WORKS

1
Sale of Property
Proceeds are transferred to a qualified intermediary.
2
45-Day Identification Window
You must identify potential replacement properties within 45 days.
3
180-Day Closing Period
The new property must be acquired within 180 days.
4
Completion
If executed properly, taxes are deferred.
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COMMON Investment STRATEGIES and Pitfalls

Upgrade Strategy
Transition into higher-value or higher-performing assets.

Diversification Strategy
Spread risk across multiple properties or markets.

Geographic Shift
Reallocate capital to growth markets such as the Southeast

Passive Income Strategy
Move into lower-management, income-focused investme

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Pitfalls

⛔ Missing the 45-day identification deadline

⛔ Improper handling of funds

⛔ Purchasing non-qualifying assets

⛔ Underestimating closing timelines

⛔ Not assembling the right team early

 

FAQ

These exchanges are generally intended for investment or business-use properties.

Yes, many investors transition between asset types.

Reinvestment structure can impact outcomes. Consult with your advisors.

This content is provided for informational purposes only and should not be considered tax, legal, or financial advice. 1031 exchanges involve specific rules, timelines, and qualifications. You should consult with a qualified tax advisor, attorney, or exchange intermediary before proceeding.

Work With Darrell

Darrell Williams works in Manhattan, Brooklyn, Queens, and the Bronx. His expertise includes new development sales/leasing projects, investment sales, and 1st time home buyers. Whether you're purchasing or selling, he'll keep you feeling comfortable and confident from start to end.

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