Section 1031 is a tax-deferral framework for qualifying real property.
In general, Section 1031 can allow gain to be deferred when qualifying real property held for investment or productive use in a trade or business is exchanged for qualifying like-kind real property. Since the Tax Cuts and Jobs Act changes took effect, the federal rule applies to real property rather than personal or intangible property.
Why an exchange is more than a sale and purchase.
A deferred exchange requires the transaction to be structured so the taxpayer does not simply receive unrestricted sale proceeds and later decide to reinvest them. Qualified intermediaries are commonly used to facilitate the exchange. Written identification and receipt deadlines apply, and reporting is generally made on Form 8824.
Before the relinquished property closes, discuss entity ownership, expected proceeds, debt, replacement criteria and timing with the QI, CPA/tax counsel, attorney, broker and lender as applicable.