Like-Kind Exchange
Tax-deferred swap of investment real estate for similar property under IRS Section 1031.
FAQs
What is a qualified intermediary in a 1031 exchange?
A qualified intermediary (QI), also called an accommodator or exchange facilitator, is an independent third party who holds the proceeds from the sale of the relinquished property until they are used to purchase the replacement property. The IRS requires that the exchanger never receive, pledge, borrow, or benefit from the sales proceeds during the exchange period. Using a QI ensures the exchanger never has constructive receipt of funds, which would disqualify the exchange and trigger immediate capital gains recognition.
Can you 1031 exchange into multiple replacement properties?
Yes—under the 1031 exchange rules, you can identify up to three replacement properties of any value (the three-property rule) or any number of properties as long as their aggregate fair market value does not exceed 200% of the relinquished property value (the 200% rule). You can ultimately close on one, some, or all identified properties. This flexibility allows investors to diversify their real estate portfolio through exchanges, splitting a single large property sale into multiple smaller acquisitions.
What happens to deferred 1031 gains when the replacement property is eventually sold?
When the replacement property is sold in a taxable sale (not another 1031 exchange), all accumulated deferred gains—including gains from prior exchanges in a chain—become taxable. The tax basis carries over from the original relinquished property, adjusted for the intervening years' depreciation. Many investors engage in continuous 1031 exchange chains, deferring gains indefinitely until death, when heirs receive a stepped-up basis that can eliminate the accumulated deferred gain entirely.
Related Terms
Step-Up in Basis
Tax rule resetting an inherited asset's cost basis to fair market value at the decedent's date of death.
Qualified Opportunity Zone
IRS-designated economically distressed area offering capital gains tax deferral and reduction for long-term investments.
Depreciation
The systematic allocation of a tangible asset's cost over its useful life, reducing its book value on the balance sheet each period.
Estate Planning
The process of arranging for the management and distribution of assets during life and after death, minimizing taxes and ensuring wishes are carried out.