What is 1031 Exchange?

Internal Revenue Code Section 1031 is a powerful tool for deferring capital gains tax on commercial/investment transactions. A 1031 Tax Deferral permits a taxpayer to reinvest the proceeds from the sale of a property held for investment or business purposes into another investment or business property, and defer capital gains taxes that would otherwise be due on the initial sale.

The most common type of exchange is the “Forward Delay Exchange” where the taxpayer sells business or investment property and acquires Replacement Property of equal or greater value within 180 days. The use of a Qualified Intermediary's Services, is a safe harbor requirement to facilitate a valid tax deferred exchange.