1031 Exchange Process

Step 1: Prepare for Your 1031 Exchange Before Selling

The 1031 exchange process starts before you sell your property. Proper planning ensures compliance with IRS regulations and prevents costly mistakes.

• Confirm property eligibility – The property must be held for investment or business purposes to qualify.
• Choose a Qualified Intermediary (QI) – The IRS requires a QI to handle the funds and paperwork.
• Understand the 45-day and 180-day deadlines – These strict time limits determine whether your exchange is valid.

Failing to prepare in advance could result in a failed exchange and an unexpected tax bill.

Step 2: Sell Your Investment Property & Use a Qualified Intermediary

Once your property is sold, you must ensure that the proceeds do not go directly to you. Instead, the funds must be transferred directly to a Qualified Intermediary (QI). The QI holds the funds in a segregated, FDIC-insured account and will only release them when you purchase your replacement property.

The exchange agreement must be finalized before closing on the sale, as failing to set up a proper 1031 exchange beforehand will make the transaction taxable. The IRS does not allow investors to receive any funds from the sale, even temporarily, so using a QI is a mandatory part of the process.

Step 3: Identify a Replacement Property Within 45 Days

After your original property sells, the IRS gives you 45 calendar days to identify a replacement property. The identification must be submitted in writing to your QI, and changes cannot be made after the deadline. Investors can use one of three identification rules: the Three-Property Rule, which allows them to identify up to three properties regardless of value; the 200% Rule, which permits identifying more than three properties as long as their combined value does not exceed 200% of the original property’s sale price; or the 95% Rule, which allows an unlimited number of properties as long as at least 95% of the total value is purchased.

Failure to identify a replacement property within 45 days will result in a failed exchange, making the sale immediately taxable.

Step 4: Submit Your Replacement Property List to Your QI

The written identification of replacement properties must be submitted to your Qualified Intermediary before the 45-day deadline. Once submitted, changes or substitutions are not allowed after the deadline.

Pro Tip: It’s best to identify multiple properties in case your first choice falls through.

Step 5: Complete the Purchase of Your New Property Within 180 Days

From the date your original property sells, you have 180 days to finalize the purchase of your identified replacement property.

• The QI transfers exchange funds directly to the closing company for the purchase.
• The replacement property must be of equal or greater value than the sold property to defer all taxes.
• Any mortgage or financing on the original property must be matched or exceeded on the replacement property.

Missing the 180-day deadline disqualifies the exchange, and the sale becomes a taxable event.

Step 6: Finalize the Exchange & Defer Capital Gains Taxes

Once the replacement property has been purchased and the transaction is complete, the 1031 exchange is officially closed, and capital gains taxes remain deferred. At this point, investors can continue holding the property to benefit from rental income, appreciation, and long-term investment growth. Some investors choose to repeat the 1031 exchange process multiple times, continuously deferring taxes and expanding their real estate portfolios. Others use the step-up in basis strategy by passing properties to heirs, potentially eliminating capital gains taxes altogether.

A successful 1031 exchange allows real estate investors to preserve more capital, reinvest in better properties, and maximize long-term wealth accumulation.