What is IRS Section 1031 Like-Kind Exchange Tax Deferral Mechanics?
Mathematical Foundation
Laws & Principles
- The Equal-or-Greater Rule: To achieve 100% tax deferral, the replacement property's purchase price must be equal to or greater than the net sales price of the relinquished property, AND all net equity must be reinvested. Any shortfall — whether from a lower purchase price (mortgage boot) or cash pocketed (cash boot) — is taxable in the year of the exchange, up to the realized gain.
- The 45/180 Day Hard Clock: From the day you close on the sale of your relinquished property, you have exactly 45 calendar days to identify up to 3 replacement properties in writing to your Qualified Intermediary (the 3-property rule), and exactly 180 calendar days to close on the replacement. These deadlines are absolute — no extensions exist for personal circumstances, only presidentially declared disasters. Missing either deadline disqualifies the entire exchange.
Step-by-Step Example Walkthrough
" An investor sells a rental duplex for $600,000 (adjusted basis: $350,000 after depreciation). They want to fully defer the $250,000 capital gain by exchanging into a larger apartment building. "
- 1. Calculate realized gain: $600,000 sale - $350,000 basis = $250,000 capital gain.
- 2. Tax liability without exchange: $250,000 × 23.8% (15% LTCG + 3.8% NIIT + 5% state) = $59,500 owed immediately.
- 3. For full deferral, replacement must be ≥ $600,000 and all equity must be reinvested.
- 4. Investor purchases $720,000 apartment building using the full $600,000 proceeds + new financing.
- 5. Boot received: $0 (replacement price exceeds sale price, all equity reinvested).
- 6. New basis in replacement property: $350,000 (original basis carries forward).