1031 Exchange Guide
What is a 1031 Exchange?
A 1031 exchange (like-kind exchange) allows you to defer capital gains and depreciation recapture taxes by exchanging one investment property for another of equal or greater value.
Key Requirements
- Like-kind property: Real estate for real estate (broad definition)
- Investment or business use: Not primary residence
- 45-day ID period: Must identify replacement properties
- 180-day close: Must close on replacement within 180 days
- Qualified intermediary: Cannot touch the money yourself
Avoiding Boot (Taxable Portion)
- Trade up in value: Replacement >= Relinquished
- Trade up in debt: New mortgage >= Old mortgage
- Reinvest all equity: Don't take cash out
Types of Boot
- Cash boot: Any cash you receive is taxable
- Mortgage boot: If new debt < old debt, the difference is taxable
Tax Rates (2024-2025)
- Long-term capital gains: 0%, 15%, or 20% based on income
- Depreciation recapture: 25% federal (unrecaptured Section 1250)
- Net Investment Income Tax: Additional 3.8% if income > $250k (married)
Common Mistakes
- Missing the 45-day identification deadline
- Taking cash out (creates boot)
- Not using a qualified intermediary
- Buying property for less than you sold