Section 1031 of the Internal Revenue Code allows exchanging one piece of investment real estate for another without paying income taxes.
Core Requirements
- Like-Kind Properties: Both must be real estate held for investment or business
- 45-Day Designation: Replacement property must be identified within 45 days
- 180-Day Closing: Purchase must close within 180 days
- No Access to Funds: Trust holder cannot release money until the period expires
Tax Considerations
Any leftover cash (“boot”) becomes taxable. Strategic refinancing can minimize tax liability.