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IRC §1031 · real property only (post-2017 TCJA)

§1031 Like-Kind Exchange

Defer capital gains on investment real estate by rolling into a like-kind replacement. The deadlines are unforgiving (45 and 180 days, no extensions).

Relinquished property (the one you sold)
Replacement property (the one you bought)
Exchange economics
Realized gain
$0
sale price less basis less costs
Deferred gain
$0
rolled into replacement basis
Boot received (taxable)
$0
cash and net debt relief
Tax saved vs straight sale
$0
at your federal cap-gains rate
New basis in replacement property: loading...
45-day identification deadline loading...
180-day exchange completion loading...
Qualified Intermediary (QI) required. You CANNOT touch the cash from the sale. The QI must hold the proceeds between sale and replacement purchase. Failing this requirement under Treas. Reg. §1.1031(k)-1(g) blows up the entire exchange and triggers full gain recognition.
Related-party rule (IRC §1031(f)). If the replacement property is acquired from a related party (family member, controlled entity), both parties must hold their properties for at least 2 years or the deferral is recaptured. There is a similar 2-year rule for swaps with related parties.
Cite: IRC §1031 (deferral), §1031(a)(3) (45/180 day rules), §1031(f) (related-party 2-yr rule), TCJA 2017 (real property only).
Have us file Form 8824 for your exchange
Form 8824 is required to report a 1031 exchange. Boot is taxed as capital gain (or ordinary, for depreciation recapture under §1250). Personal-use property, primary residence, and stock-in-trade do NOT qualify. Phone 689-331-5723.