1031 Exchanges: How to Sell Rentals Without Huge Taxes
Swap, don’t sell — here’s how smart investors roll gains forward and dodge the big capital gains hit (legally).
I’m Patrick Brunk — the plain-English tax guy who keeps landlords and rental investors from losing huge chunks of profit to taxes they didn’t plan for.
A 1031 Exchange isn’t a loophole — it’s the legal IRS-approved way to sell a rental property and defer paying capital gains tax by rolling that profit into a new one. Done right, it can save you thousands (or hundreds of thousands). Done wrong, it can trigger instant tax bills, penalties, and a huge mess you can’t undo.
I’ll break down what a 1031 really means, how to qualify, what deadlines you can’t miss, and when a 1031 might not be worth the trouble.
How to Keep Your Profits Working — Not Taxed
A 1031 Exchange (named after IRS Code Section 1031) lets you sell a rental or investment property and defer paying capital gains taxes — as long as you reinvest the proceeds into another “like-kind” investment property. Instead of paying a big tax bill now, you roll your profit forward to grow your portfolio.
For real estate, “like-kind” is pretty broad. You can swap:
- A single-family rental for a duplex.
- A commercial building for a piece of raw land.
A condo for an apartment building.
As long as both properties are held for investment or business use — not as your primary home — they usually qualify.
Potentially all of it. If you follow the rules, you defer:
- Capital gains tax on your profit.
- Depreciation recapture tax on the deductions you took while owning it.
Depending on how much your property has appreciated, this can save you tens of thousands — or hundreds of thousands — today.
Timing is strict:
1️⃣ You have 45 days from the sale of your property to formally identify replacement property/properties in writing.
2️⃣ You have 180 days total to close on the new property.
Miss either date and the whole deal fails — and your full gain becomes taxable. No extensions. No excuses.
No — that’s the catch. You can’t touch the cash. The IRS requires you to use a Qualified Intermediary (QI). They hold the sale proceeds, handle the paperwork, and transfer the funds directly to buy your new property.
If you pocket the cash, it’s taxable — the whole point is that you don’t.
Yes — but you’ll pay taxes on any money you don’t reinvest. For example, if you sell for $500,000 but only reinvest $400,000, the leftover $100,000 (“boot”) is taxable gain.
To defer all taxes, you need to buy replacement property of equal or greater value and reinvest all the proceeds.
Basically, yes — but that’s the point. You defer taxes as long as you keep exchanging. Many investors do multiple 1031s in their lifetime, building bigger portfolios tax-deferred.
When you die, your heirs get a stepped-up basis — often wiping out the deferred gains entirely. It’s one of the strongest real estate tax moves out there.
- Missing deadlines — 45 and 180 days are strict.
- Touching the sale proceeds directly.
- Buying a replacement property that doesn’t qualify.
- Using it for your primary home or second home (doesn’t work).
The IRS doesn’t give do-overs. Using an experienced QI and a tax pro is non-negotiable.
✅ Patrick's Bottom Line
A 1031 is a great tool — but the IRS plays by strict rules: tight timelines, same-kind property swaps, and no funny business with how cash flows.
📌 Before you list that rental, book your free 30-min call — I’ll help you decide if a 1031 makes sense, how to structure it, and how to protect your profits the smart way.Explore Our Tax Playbook
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Patrick R. Brunk, MBA, MAcc, EA
Patrick was the youngest person ever to earn an IRS Enrolled Agent license — just 20 years old — and he’s been untangling tough tax problems ever since. He’s filed thousands of complex returns, rescued frustrated clients stuck in “extension hell,” and built a reputation for honest, fast, no-surprise tax help.
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