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Tax & Depreciation

1031 Exchange

IRS provision allowing investors to defer capital gains tax by reinvesting sale proceeds into a like-kind property.

Named after Section 1031 of the IRS code, a 1031 exchange lets you sell an investment property and defer all capital gains tax and depreciation recapture — as long as you reinvest the proceeds into another investment property of equal or greater value.

Key rules:

  • 45-day rule: Identify replacement property within 45 days of closing
  • 180-day rule: Close on the replacement property within 180 days
  • Like-kind: Nearly any US real property qualifies (single-family, multifamily, commercial, land)
  • Qualified intermediary: A neutral third party must hold the funds between transactions
  • Equal or greater value: Replacement property must be worth at least as much as what you sold

1031 exchanges are one of the most powerful wealth-building tools in real estate — you can repeat them indefinitely and potentially eliminate the deferred tax via a step-up in basis at death.