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Rubric Financial

Tax

1031 Exchange (Like-Kind Exchange)

A tax-deferral mechanism letting real-estate investors swap one investment property for another without recognizing capital gain.

Under IRC §1031, investors can exchange one investment or business real-estate property for another 'like-kind' property and defer capital gains tax indefinitely. Strict timing rules apply: 45 days to identify replacement property, 180 days to close.

Personal residences don't qualify. Since 2018, only real estate qualifies (equipment, art, etc. no longer eligible).

Requires a Qualified Intermediary to hold the proceeds between sale and purchase — the seller never touches the cash.

Common pitfalls

  • Missing the 45-day identification or 180-day closing windows — both are absolute
  • Trying to do the exchange without a Qualified Intermediary — the IRS treats it as a taxable sale
  • Buying 'down' (replacement property worth less than property sold) without recognizing the difference as gain

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