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Section 1031 of the IRS Code

The single provision that allows investors to defer capital gains tax when exchanging one investment property for another. Here's what it actually says — in plain English.

“No gain or loss shall be recognized on the exchange of real property held for productive use in a trade or business or for investment if such real property is exchanged solely for real property of like kind which is to be held either for productive use in a trade or business or for investment.”

— IRC §1031(a)(1)

A brief history

Like-kind exchange treatment dates back to the Revenue Act of 1921. The 2017 Tax Cuts and Jobs Act narrowed §1031 so it applies only to real property — personal property exchanges (artwork, equipment, aircraft) no longer qualify.

What “like-kind” means

Almost any U.S. real estate held for investment or business use qualifies as like-kind to any other U.S. real estate held for the same purpose. Raw land can be exchanged for an apartment building, a rental condo for a DST interest, and so on.

Who can use Section 1031?

Individual investors holding investment property
LLCs, partnerships, and S-corporations
Trusts and estates
C-corporations

The taxpayer who sells the relinquished property must be the same taxpayer who takes title to the replacement property.

What does NOT qualify

A primary residence or second home held for personal use
Property held primarily for resale (dealer / flip inventory)
Stocks, bonds, partnership interests, or other securities
Foreign real estate exchanged for U.S. real estate

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Mobile: 831-359-3777

9055 Soquel Dr #H

Aptos, CA 95003

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toni@altainvestments.com

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