A 1031 exchange is defined under section 1031 of the Internal Revenue Code. This code states that if an asset, usually some kind of real estate like land or building, is sold and the proceeds of the sale are reinvested in a similar kind of asset, then no gain or loss is recognized, permitting the deferment of capital gains taxes. A 1031 exchange is also called Like Kind exchange.

If an investor buys a commercial property and sells the property profitably after a period of time, he has to pay capital gains tax on that amount. But if the investor invests the amount in another commercial real estate, then he is not required to pay any tax, in which case, he defers his taxes till a later date.

To qualify for a 1031 exchange, both the relinquished property and the replacement property must be held for investment or for productive use in some business. You cannot exchange a personal residence. Once the investor decides to pursue a 1031 exchange, a Qualified Intermediary (QI) has to handle the proceedings. Then the commercial property is put on the market and the offer to buy the property is accepted. Escrow for the sale is opened and a preliminary title report is produced. The QI sends the necessary exchange documents to escrow closer for signing at property closing. Within the initial 45 days after the close of escrow on the sale of the handover property, the investor has to identify a replacement property as per law. Within 180 days after the close of escrow on the sale of the relinquished commercial property, the investor closes on replacement property that was identified by them, thus completing the exchange.

The most difficult part of 1031 exchange is the identifying of replacement property by the investor within a period of 45 days following the sale of the commercial property. The Internal Revenue Code is very strict and no extensions are allowed. It is best to carefully think about your replacement property alternatives before you chose to sell your property.

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