Question 1

What is Internal Revenue Code Section 1031?

Accepted Answer

Section 1031 of the Internal Revenue Code has, since 1921, provided a tax-deferral opportunity for individuals and businesses exchanging real estate held for investment or business use. Rather than paying capital gains taxes on the sale of a property, taxpayers can defer those taxes by reinvesting the proceeds into a similar, qualifying property.
These exchanges are rarely direct swaps between two parties. In most cases, a third-party facilitator known as a Qualified Intermediary (QI)  like Pacific Financial Exchange is required to handle the transaction. The QI temporarily holds the funds from the initial sale and uses them to acquire the replacement property on the taxpayer’s behalf. Any leftover funds are returned to the taxpayer and may be subject to taxation.
To comply with IRS rules, the full exchange must be completed within 180 days. Additionally, as of 2018, only real estate is eligible for tax deferral under Section 1031—personal property no longer qualifies.

Question 2

What Is "Like-Kind" In 1031 Exchanges?

Accepted Answer

A 1031 Like-Kind Exchange, as outlined in Section 1031 of the Internal Revenue Code, allows investors and business owners to defer capital gains taxes by reinvesting the proceeds from the sale of one property into another qualifying property. The key requirement is that the exchanged properties must be “like-kind.”
In real estate, "like-kind" is broadly defined. It doesn't mean the properties must be identical, but rather that they must be of the same nature or character—both must be held for investment or business purposes. For example, an apartment complex can be exchanged for a retail center, raw land, an industrial building, or even another apartment building. A personal residence, however, would not qualify, as it is not considered an investment or business-use property.

Question 3

Who can use 1031 Exchanges?

Accepted Answer

The best part of 1031 Exchanges is  that they are used by a wide range of taxpayers—from individual investors and small business owners to large corporations. They're especially common among real estate investors, farmers, ranchers, and so many more.

These exchanges aren’t just for the wealthy or large enterprises. In fact, industry data shows that a majority of 1031 exchanges involve properties valued under $1 million, with many under $500,000. Regardless of size, anyone holding real estate or assets for business or investment purposes can potentially benefit. A Qualified Intermediary (QI) typically helps facilitate the exchange to ensure it meets IRS requirements.

Question 4

What are the benefits of 1031 Like-Kind Exchanges?

Accepted Answer

The primary benefit of a 1031 Exchange is tax deferral—not tax elimination. While it doesn’t cancel capital gains taxes altogether, it allows taxpayers to defer them when selling a qualifying investment or business-use property. However, strict timelines and IRS requirements must be met, and not all properties are eligible.