Guides › The 1031 exchange, explained

The 1031 exchange, explained

By Cedrick Reese · Updated August 9, 2026

A 1031 exchange lets a real estate investor sell one investment property and roll the proceeds into another without paying tax on the gain right away. It is one of the most powerful tools in real estate, and also one of the easiest to get wrong, because the deadlines are strict and the money can never touch your hands. Here is how it works as of 2026. This is general education, not tax advice, so run any real transaction past a CPA and a qualified intermediary.

What it actually does

Named after Section 1031 of the tax code, a like-kind exchange defers both the capital gains tax and the depreciation recapture you would otherwise owe on a sale. Defer is the key word: you are not erasing the tax, you are postponing it by carrying your old cost basis into the new property. Investors chain exchanges over a lifetime to keep equity working instead of going to taxes.

What qualifies

Since the 2017 tax law, only real property held for investment or business use qualifies. Personal property like vehicles or equipment no longer counts. The good news for real estate: almost any U.S. investment real estate is considered like-kind to any other, so you can exchange a single-family rental for an apartment building, raw land for a retail strip, and so on. Your primary residence does not qualify, since it is not held for investment; that sale is governed by the separate Section 121 home-sale exclusion.

The two deadlines that make or break it

The whole exchange runs on two clocks that both start the day your sale closes, and they run at the same time:

• 45 days to identify. You have 45 calendar days to name your replacement property or properties in writing, delivered to your qualified intermediary. Common identification rules let you name up to three properties, or more if their combined value stays within 200% of what you sold.
• 180 days to close. You have 180 calendar days from the sale to actually close on the replacement, or your tax-return due date for that year if that comes first. These are not additive: it is not 45 plus 180. Day 45 lands inside the same 180-day window.

Miss either deadline and the exchange fails, which makes the whole gain taxable that year. The IRS does not grant extensions for missing them.

The qualified intermediary

You cannot receive the sale proceeds yourself, even for a moment. A qualified intermediary (a neutral third party) holds the money in escrow and delivers it to buy the replacement property. Hire one before your sale closes, because once you take the cash, the exchange is dead.

Boot, and full deferral

To defer 100% of the tax, you generally need to reinvest all of your equity and replace your debt, buying a replacement that costs at least as much as the net sale price. Any cash you pocket, or any drop in mortgage debt, is called boot, and boot is taxable immediately. You can still do a partial exchange; you just pay tax on the boot.

What OBBBA changed (nothing, and that matters)

The 2025 One Big Beautiful Bill Act left 1031 exchanges intact for real property. With other parts of the tax code in motion, that stability is itself worth noting for anyone planning an exit. For the provisions that did change, see OBBBA tax changes for rental property investors.

The catch on the back end

Deferral is not forgiveness. When you eventually sell without doing another exchange, all the gain and recapture you rolled forward comes due at once. Many investors keep exchanging, or hold until death, when heirs may receive a stepped-up basis. Whether an exchange beats simply selling and paying the tax depends on your numbers and your plans, which is a conversation for your tax advisor. If you are weighing selling versus holding, is being a landlord worth it works through the trade-offs.