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1031 Exchange Rules Guide (2026) - Real Estate Tax Deferral

1031 exchange rules guide: like-kind property requirements, timeline deadlines, tax deferral benefits, and common mistakes.

Summary

1031 exchange defers capital gains tax: sell property, buy like-kind property within deadlines. Timeline: 45 days identify, 180 days close. Strict rules for success.

Key Steps

  1. 1Like-kind requirement: real property for real property, same or greater value.
  2. 245-day rule: identify replacement property within 45 days of sale.
  3. 3180-day rule: complete purchase of replacement property within 180 days.
  4. 4Qualified intermediary: use QI to hold funds, avoid direct receipt of proceeds.
  5. 5Tax deferral: defer all capital gains tax until final sale without exchange.
  6. 6Boot: any cash or non-like-kind property received is taxable.

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