Frequently Asked Questions

Find answers to some of the most commonly asked 1031 exchange questions here on our FAQ page.

A 1031 exchange, also known as a like-kind exchange or a tax-deferred exchange, is a transaction allowed under the Internal Revenue Code (IRC) Section 1031 that enables investors to defer capital gains taxes when selling certain types of investment property and reinvesting the proceeds into another property of equal or greater value.

Unlike a traditional real estate transaction where taxes are typically due on any capital gains realized from the sale of property, a 1031 exchange allows investors to defer these taxes by reinvesting the proceeds into a similar or like-kind property, as defined by the IRS.

Real property held for investment or business use, such as rental properties, commercial buildings, and vacant land held for investment, may qualify for a 1031 exchange.

Yes, certain types of property, such as primary residences, inventory held for sale, stocks, bonds, and partnership interests, do not qualify for a 1031 exchange. Additionally, the properties involved in the exchange must be of like-kind, meaning they are similar in nature or character.

There are strict time limits associated with a 1031 exchange. The replacement property must be identified within 45 days of the sale of the relinquished property, and the acquisition of the replacement property must be completed within 180 days of the sale of the relinquished property or by the due date of the taxpayer’s tax return, whichever comes first.

It’s important to select a qualified intermediary (QI) who is experienced in facilitating 1031 exchanges and compliant with IRS regulations. Look for a QI like Peak 1031 Exchange with a solid track record, clear fee structures, and who follows best practices to safeguard your funds during the exchange process.

If a 1031 exchange fails to meet the IRS requirements or deadlines, any capital gains taxes that would have been deferred become immediately due. Additionally, any funds held by the qualified intermediary may be subject to taxation if not properly reinvested in a replacement property. It’s crucial to work with knowledgeable professionals like those at Peak 1031 Exchange to ensure compliance with 1031 exchange rules and regulations.

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