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What Is a 1031 Exchange?

Posted by Joseph A. DiPiazza | Sep 05, 2022 | 0 Comments


If you're a real estate investor, you may have heard of a 1031 exchange, also known as a like-kind exchange. But what exactly is a 1031 exchange, and how can it benefit you as a real estate investor?

A 1031 exchange, named after the Internal Revenue Code section that allows it, is a way for real estate investors to defer paying capital gains taxes on the sale of a property. This can be a huge benefit for investors, as it allows them to reinvest the proceeds from the sale of a property into a new property, without having to pay taxes on the gain.

To qualify for a 1031 exchange, there are several requirements that must be met. First, the property being sold must be considered "like-kind" to the property being purchased. This means that the property being sold must be used for investment or business purposes, and the property being purchased must also be used for investment or business purposes. For example, a rental property could be exchanged for a commercial building, but a primary residence could not be exchanged for a rental property.

Second, the exchange must be completed within a specific time frame. The investor must identify the property they intend to purchase within 45 days of the sale of the property being exchanged, and the purchase must be completed within 180 days of the sale.

Third, the investor must work with a qualified intermediary to complete the exchange. This intermediary holds the proceeds from the sale of the property being exchanged until the new property is purchased.

Overall, a 1031 exchange can be a valuable tool for real estate investors looking to defer capital gains taxes and continue growing their investment portfolio. It's important to consult with a qualified real estate attorney to ensure that the exchange is completed properly and in compliance with all relevant laws. Contact The Law Office of Joseph A. DiPiazza, LLC for a consultation.

About the Author

Joseph A. DiPiazza

Joseph DiPiazza, Esq. is a highly accomplished real estate lawyer with a wealth of experience specializing in residential real estate transactions.


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