A 1031 exchange is an IRS rule (Section 1031 of the tax code) that lets you sell an investment property and buy another one without paying tax on your profit right away. Instead of the IRS taking its cut when you sell, the tax bill gets postponed — rolled forward into the new property, where it waits until you eventually sell without exchanging.
The logic behind the rule: if you sold a rental and immediately put every dollar into another rental, you haven't really cashed out. Your investment just changed addresses. So the tax code lets the gain ride.
A quick example
What qualifies
Both properties must be real estate held for investment or business use in the United States — rentals, apartment buildings, offices, retail, farmland, raw land. The definition of "like-kind" is far looser than people expect: you can trade a duplex for farmland, or a strip mall for an apartment building. What doesn't qualify: your own home, property you flip quickly for resale, and (since 2018) anything that isn't real estate.
The three rules that matter most
- Never touch the money. Sale proceeds must go straight to a neutral middleman called a qualified intermediary, who holds them until your purchase closes. If the money reaches your account, even for a day, the exchange is dead.
- Hit the deadlines. You have 45 days after your sale closes to name your new property in writing, and 180 days to finish buying it. Calculate your dates — there are no extensions.
- Trade equal or up. To postpone all the tax, buy a property that costs at least as much as the one you sold, and reinvest all your cash. Anything you keep back is "boot" and gets taxed now. The full list is in the rules guide.
Postponed, not erased — usually
The deferred tax doesn't vanish; it travels with you into the new property through a lower cost basis. Sell that property without exchanging and the whole accumulated bill comes due. But two things make deferral remarkably powerful anyway: you can exchange again and again ("swap till you drop"), and if you hold until death, your heirs may receive the property at its current market value — potentially erasing the deferred gain entirely under current law.
What an exchange costs
A standard delayed exchange typically runs $750–$1,500 in qualified intermediary fees, plus your normal closing costs on both transactions. Against a five- or six-figure tax deferral, the fee is rarely the deciding factor — but for small gains, sometimes just paying the tax is the smarter move.