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1031 Exchange

U.S. Internal Revenue Code Section 1031 permits the deferral of capital gains taxes on the sale of property held for investment or productive use in a trade or a business. With a 1031 exchange, a property owner can sell their real estate and then reinvest the proceeds in ownership of like-kind property, thus deferring the capital gains taxes.

The like-kind exchange under Section 1031 is tax-deferred, not tax-free. When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax.


Related Terms: >> Transactions, Tenant-in-Common/TIC
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