December 22, 2025
Client Alert: “Let’s 1031 that building for another” Section 1031 Like-Kind Exchanges — What It Is and How It Works in Practice
- Tax Deferral Benefits: Section 1031 allows deferral of capital gains income taxes when exchanging interests in real estate, provided the properties are “like kind” and both held for investment or productive use.
- Real Property Requirement: Since 2017, only interests in real property qualify for 1031 exchanges; personal property does not.
- Handling Proceeds: Careful management of exchange proceeds is crucial to avoid taxable gains, especially concerning "boot" and debt discrepancies.
- Strict Timing Rules: Delayed exchanges must adhere to 45-day identification and 180-day closing deadlines.
- Role of Qualified Intermediaries: To prevent constructive receipt of proceeds, a qualified intermediary must manage the funds.
- Legal Guidance: Recent cases emphasize the importance of meeting deadlines and proper documentation to secure tax deferral benefits.