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What Is a 1031 Exchange?

A 1031 exchange is a tax-deferral strategy that lets an investor sell one investment property and reinvest the proceeds into another qualifying investment property without immediately paying capital gains tax. It only applies to investment or business-use real estate, not primary residences.

Supporting Evidence

  • The exchange must follow strict IRS timing rules, including identifying replacement property within 45 days and closing within 180 days.
  • A qualified intermediary must hold the proceeds. Investors cannot simply receive the sale funds and decide later.
  • Any cash or non-like-kind value taken out of the exchange can create taxable boot.

Why This Matters

A 1031 exchange can preserve capital for the next investment, but the deadlines are unforgiving. Financing, replacement property strategy, and escrow coordination all need to happen early.

Frequently Asked Questions

Can I use a 1031 exchange on my primary residence?
No. Section 1031 is generally for investment or business-use real estate, not the home you live in as your primary residence.
Do both properties have to be the exact same type?
No. Real estate is broadly considered like-kind for 1031 purposes, so many different types of investment property can qualify.
What happens if I miss the 45-day identification deadline?
Missing the identification deadline usually breaks the exchange and the sale becomes taxable.
Can I take some cash out in a 1031 exchange?
You can, but that portion may become taxable boot even if the rest of the exchange remains valid.

Financing the Replacement Property Is Part of the Exchange Plan

SRK CAPITAL helps investors structure replacement-property financing for DSCR, conventional, jumbo, and other scenarios so a tax strategy does not fail because the loan plan came together too late.

Updated 3/15/2026

Answers What Is A 1031 Exchange Guide

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