What Is a 1031 Exchange?
What Is a 1031 Tax-Deferred Exchange?
A 1031 tax-deferred exchange, often called a “like-kind exchange,” is a powerful tool under Section 1031 of the Internal Revenue Code. It allows real estate investors to sell one investment property and reinvest the proceeds into another qualifying property—without immediately paying capital gains taxes.
Instead of taking a tax hit on the sale, the investor “defers” those taxes by rolling the profits into the new property. This strategy can help investors grow wealth more efficiently, upgrade properties, or diversify their portfolios while maximizing capital.
Key Benefits of a 1031 Exchange:
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Tax deferral: Postpone capital gains taxes, keeping more money working for you.
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Portfolio growth: Use the exchange to move into larger or more profitable properties.
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Diversification: Reallocate investments into different property types or markets.
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Estate planning advantages: Heirs may receive a step-up in basis, potentially eliminating deferred taxes altogether.
How It Works:
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Sell your investment property: The proceeds go to a qualified intermediary, not directly to you.
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Identify a new property: Within 45 days, you must identify potential replacement properties.
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Close on the replacement: You have 180 days to complete the purchase of one or more identified properties.
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Defer taxes: The process allows you to avoid immediate capital gains liability, preserving cash for reinvestment.
Maximize Your Investment, Defer Your Taxes
Thinking about a 1031 exchange in Gastonia, NC? Don’t risk costly mistakes or missed deadlines. The Neece Law Firm’s real estate attorney can guide you step-by-step through the exchange process, protect your assets, and help you grow your portfolio.
Call us today at (704) 862-0148 to schedule your consultation and start your 1031 exchange with confidence.
Frequently Asked Questions About 1030 Exchanges
Q: Can I use a 1031 exchange for my personal residence?
A: No. A 1031 exchange applies only to investment or business properties, not personal homes.
Q: What does “like-kind” mean?
A: “Like-kind” is broader than many people think. It generally means any type of real estate held for investment can be exchanged for another investment property (for example, selling an apartment building and purchasing raw land).
Q: Do I have to reinvest all the money?
A: To fully defer taxes, yes. If you keep some cash from the sale (called “boot”), it may be subject to taxes.
Q: Do I need a professional to handle the exchange?
A: Absolutely. A qualified intermediary is required to hold the funds and ensure compliance with IRS rules.
Do I need a lawyer if I was charged with a wheelchair DWI?
Absolutely. These cases are unusual and often involve complex arguments about what qualifies as a “vehicle.” Having a Board Certified Criminal Law Specialist can help protect your rights.