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A 1031 exchange is a procedure that allows an investor to sell one of their investment properties that qualifies under the IRS’s requirements, replace it with a like-kind property, and subsequently defer all capital gains taxes from the sale of your original investment and reset the depreciation schedule to potentially avoid a larger capital gains tax bill. 

Here are some basic rules of a standard 1031 Exchange:

  1. Once an investor sells their property, the investor must deposit proceeds from the sale into a qualified intermediary, which will hold funds until the seller can close on a replacement property.

  2. An investor has 45 days after closing to identify one or more “like-kind” properties to purchase with their proceeds. The property must be held as an investment for at least 2 years. The allowed value of these identified properties varies based on how they are identified:

    • If an investor identifies three (3) options as potential investments, those investments are allowed to be of any market value.

    • An unlimited number of properties may be identified if the combined value of these properties does not exceed 200%.

    • An unlimited number of properties may also be identified as long as the investor eventually invests 95% or more of the total value of the identified properties.

  3. After the investor identifies the replacement properties, they have 180 days after the close of their original property to complete the purchase of their replacement properties. Any proceeds not used in the replacement purchase (the cash boot), is taxable.


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