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Tax Planning Resource Center

1031 exchanges: rules, deadlines and pitfalls

A section 1031 exchange lets real estate investors sell property and buy replacement property without paying tax on the gain, if they follow strict rules.

Updated November 2026 · VG CPA PC advisors

What qualifies

Since 2018, only real property held for investment or for use in a trade or business qualifies. Most US real estate is like-kind to other US real estate: land for an apartment building, an office for a rental house. Property held primarily for sale, such as flips, does not qualify, and US and foreign real estate are not like-kind.

Your personal residence does not qualify, though a home converted to a rental can, after a holding period that shows investment intent.

The deadlines

You must identify replacement property in writing within 45 days of selling the relinquished property and close on it within 180 days, or by the due date of your tax return including extensions if earlier. The deadlines are not extended for weekends or holidays.

Sale proceeds must be held by a qualified intermediary. If you receive or control the cash, the exchange fails.

Boot, related parties and reverse exchanges

Cash or debt relief you receive that is not reinvested is boot and is taxable. To defer all gain, buy replacement property of equal or greater value and replace the debt paid off.

Exchanges with related parties require both parties to hold the properties for two years. A reverse exchange, buying the replacement before selling, is possible through an exchange accommodation titleholder under specific rules.

Questions

Frequently asked questions

Can I exchange into a Delaware statutory trust?

Yes. DST interests are treated as real property for 1031 purposes.

Does the gain disappear?

It is deferred. Basis carries over, and heirs receive a stepped-up basis at death.

Can a 1031 exchange be combined with depreciation recapture planning?

Yes. Recapture is also deferred in a fully deferred exchange of real property.

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