Investing guide

Buying replacement property in a 1031 exchange

If you’re selling investment property and deferring the gain through a 1031 exchange, the purchase side runs on a strict clock. Here’s how it works for buyers.

Educational only. This page isn’t tax or legal advice. A 1031 exchange should be set up with a qualified intermediary and reviewed by your CPA or tax attorney before you sell.

The basics

Section 1031 of the Internal Revenue Code lets you defer recognizing gain when you exchange real property held for investment or business use for other like-kind real property. Since January 1, 2018, only real property qualifies. Most U.S. investment real estate is like-kind to other U.S. investment real estate, so a rental house can be exchanged for a fourplex or a commercial building. Property held mainly for resale doesn’t qualify, and U.S. property isn’t like-kind to property outside the U.S.

The two deadlines

  • 45 days to identify. From the day you sell your relinquished property, you have 45 days to identify potential replacement properties in writing, signed and delivered to someone involved in the exchange, such as your qualified intermediary. Notice to your own agent or attorney doesn’t count.
  • 180 days to close. You must receive the replacement property within 180 days of the sale, or by the due date (with extensions) of your tax return for that year, whichever comes first.

The two periods run at the same time. The IRS doesn’t extend them for hardship, except in presidentially declared disasters.

How many properties you can identify

Treasury regulations allow you to identify replacement property under one of these rules:

  • Three-property rule: up to three properties of any value.
  • 200% rule: any number of properties, as long as their combined value doesn’t exceed 200% of what you sold.
  • 95% rule: any number of properties of any value, but you must acquire at least 95% of the total value you identified.

Most buyers use the three-property rule and name backups in case the first choice falls through.

The qualified intermediary’s role

If you receive the sale proceeds, even briefly, the exchange can fail. A qualified intermediary holds the money from the sale and uses it to buy the replacement property. You can’t act as your own intermediary, and neither can people who have acted as your agent, such as your real estate agent or attorney, within the previous two years.

Matching value, equity and debt

To defer all of the gain, exchangers generally buy replacement property of equal or greater value, reinvest all of the net proceeds and replace any debt that was paid off. Cash or other non-like-kind property you receive, often called boot, can be taxable up to the amount of your gain. Your CPA can tell you how this applies to your numbers.

Start your search before you sell

Forty-five days goes quickly, especially if you need financing, inspections or a specific property type. Many exchangers start looking, and talk to a lender, while the relinquished property is still being marketed so they can identify with confidence once it closes.

How we help exchange buyers

  • Search for and evaluate replacement properties that fit your price, debt and income needs
  • Help you build a primary list and backup options before the 45-day deadline
  • Write offers with timelines that respect your 180-day window
  • Keep your qualified intermediary, lender and escrow on the same schedule

Sources

Keep reading

How to analyze a rental property

Compare replacement properties using the same assumptions.

Small multifamily investing

Two to four units as a replacement property.

All investing guides

First rentals, BRRRR and more.

Talk through your next purchase

Tell us what you’re looking for, and we’ll follow up to set up a time to talk.