A 1031 Exchange allows for the deferral of capital gains tax by replacing property with one of like-kind and equal or greater value. This exchange operates within a strict timeline, requiring identification of potential replacement properties within 45 days and completion of the exchange within 180 days.
This means that you cannot perform a 1031 exchange between a U.S. property and a non-U.S. property. If your relinquished property is located within the United States, then your replacement property must also be located within the United States (or certain U.S. territories) to qualify for 1031 tax deferral.
States like Florida, Texas, and Nevada are great options for 1031 exchanges due to their lack of state income tax and strong real estate markets. On the other hand, states like California, New York, and Oregon can be less attractive due to their high state income tax rates and strict real estate laws.
How to Do a 1031 Exchange Choose a qualified intermediary to coordinate the exchange. Sell your current real estate property. You have 45 days to identify potential replacement properties. You have 180 days to close on a replacement property. File IRS Form 8824.
As such, the process is uniformly recognized across all 50 states and DC. Through a state-to-state 1031 exchange, you could sell (relinquish) a property in one state, acquire (replace) a property in another, and reap the potential tax deferral benefits of a 1031 exchange.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States. For example, an investment property in the Cayman Islands can be exchanged for rental property in the Cayman Islands or for investment property in New Zealand.
In an IRC §1031 transaction, you can exchange real property for virtually any other real property in the United States, as long as the property is held for productive use in a trade or business or for investment purposes.
Pennsylvania Does Not Recognize 1031 Tax Deferrals Yes, that's right – Pennsylvania has long been the sole hold-out among all our states to not recognize 1031 tax deferral benefits. When a business property is sold in Pennsylvania, a tax is generally owed.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.