What Is a 1031 Exchange?

At Biscayne Real Estate Group we can help you sell one property, and locate a new investment in Miami and all of Florida as needed.

  • A 1031 exchange lets real estate investors swap one investment property for another and delay paying capital gains taxes.

  • It’s named after Section 1031 of the IRS Code.

  • "Like-kind" properties must be exchanged (real estate for real estate, not personal property).

  • Properties must be located in the U.S..

Key Rules

  • No limit on how often you can do 1031 exchanges.

  • Replacement property must be identified within 45 days.

  • Purchase must be completed within 180 days.

  • If you get cash or debt relief ("boot"), you may owe some taxes.

  • Depreciation recapture (taxed as ordinary income) can apply if swapping buildings for land.

Changes Since 2017

  • Only real estate qualifies now (personal property like equipment no longer qualifies).

  • Tenant in Common (TIC) real estate interests still qualify.

Types of Exchanges

  • Delayed Exchange (most common): You sell your property, and a qualified intermediary holds the money to buy your replacement property.

  • Reverse Exchange: You buy the new property first and then sell the old one — strict rules still apply.

Important Timing

  • 45 Days: After selling your property, you must identify your replacement property in writing.

  • 180 Days: You must close on the new property within 180 days of selling the old one.

  • (These periods overlap — they both start from the sale date.)

Bottom Line:
A 1031 exchange is a powerful way to grow wealth through real estate without paying taxes immediately, but it requires strict timing and careful planning to qualify.

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