How long do you have to do a 1039 exchange?
Andrew Mclaughlin
Published Apr 09, 2026
This usually implies a minimum of two years’ ownership. To receive the full benefit of a 1031 exchange, your replacement property should be of equal or greater value. You must identify a replacement property for the assets sold within 45 days and then conclude the exchange within 180 days.
When did the 1031 exchange start?
1921
The first tax-deferred like-kind exchange was authorized as part of The Revenue Act of 1921, when the United States Congress created Section 202(c) of the Internal Revenue Code, allowing Investors to exchange securities and non-like-kind property unless the property acquired had a “readily realizable market value.”
How does a 1031 exchange work with rental properties?
The intermediary holds the funds after one property is sold in the 1031 exchange and uses that money to buy the new replacement property. When doing a 1031 exchange, the owner must identify the property he is exchanging and declare it before the sale.
Is the 1031 exchange a sale or a like kind exchange?
Broadly stated, a 1031 exchange (also called a like-kind exchange or a Starker) is a swap of one investment property for another. Although most swaps are taxable as sales, if yours meets the …
When do I need to do a 1031 replacement property?
December 2, 2015. Replacement Property. You can do a partial 1031 into a lesser valued replacement property, but if you want to defer 100% of the gain, you typically need to continue your investment into an equivalent or more valuable replacement properties (see the napkin test ).
When was section 1031 of the Tax Code repealed?
Before 2018, a wide array of property was covered by the deferment provisions of Section 1031. The Tax Cuts and Jobs Act of 2017 repealed Section 1031 for all types of property except real property.