How a 1031 exchange defers tax
Section 1031 of the Internal Revenue Code lets you sell an investment property and roll the proceeds into another "like-kind" investment property without paying capital gains tax at the time of sale. The gain is not forgiven; it carries into the new property's basis and is due when you eventually sell without exchanging.
Rules for full deferral
- Buy replacement property of equal or greater value than the net sale price.
- Reinvest all of the net equity. Cash you take out is taxable "cash boot".
- Replace the debt you paid off with new debt or with extra cash. Debt you don't replace is "mortgage boot".
- Never touch the proceeds. A qualified intermediary must hold the funds between closings.
The 45-day and 180-day deadlines
You have 45 calendar days from closing on the property you sell to identify replacement properties in writing, and 180 calendar days to close on the replacement. Both clocks run at the same time, and weekends and holidays are not excluded. Missing either one usually ends the exchange.
What is boot?
Boot is anything you receive in the exchange that is not like-kind property: cash, debt relief that is not replaced, or other property. Boot is taxable up to the amount of your gain, starting with depreciation recapture.
Frequently asked questions
Can I do a 1031 exchange on my primary residence?
No. Section 1031 applies to property held for investment or business use. A primary home may qualify for the separate Section 121 exclusion instead.
Do I have to buy a more expensive property?
To defer all of the tax, the replacement should cost at least as much as the net sale price and you must reinvest all the equity. Buying for less is allowed, but the difference is generally taxable boot.
What happens to depreciation in a 1031 exchange?
Depreciation recapture is deferred along with the capital gain. Your basis carries over to the new property, so the deferred recapture is still owed if you later sell without another exchange.
Do I need a qualified intermediary?
Yes. If you or your agent receive the sale proceeds, even briefly, the exchange generally fails. The intermediary holds the funds and handles the exchange documents.