What Qualifies as a Like-Kind Exchange?
The term 'like-kind' is more flexible than it sounds for real estate. Any qualifying real property in the US can be exchanged for virtually any other qualifying real property in the US. You can exchange an apartment building for a commercial strip mall, a ranch for an industrial warehouse, or multiple residential rentals for a single office building. The properties must be held for investment or business use — not personal use or dealer inventory.
1031 exchange qualifying property types
| Property Type | Can Exchange Into | Notes |
|---|---|---|
| Residential rental | Any US real property | Most common exchange type |
| Commercial property | Any US real property | Extremely flexible like-kind definition |
| Vacant land | Any US real property | Land to improved property or vice versa |
| Primary residence | Does NOT qualify | Must be investment property |
| Fix-and-flip inventory | Does NOT qualify | Must hold for investment, not dealer inventory |
| Foreign real property | Other foreign real property only | Cannot mix US and foreign property |
The Critical Timeline Rules
The 1031 exchange has two inviolable deadlines. Missing either one triggers full capital gains tax on the original sale as if no exchange occurred.
- Day 0: Close on the sale of the relinquished property
- Day 45: Must identify in writing to the qualified intermediary the potential replacement property (or properties). Maximum 3 properties if using the standard 3-property rule
- Day 180: Must close on the purchase of the identified replacement property
- Both deadlines are calendar days, not business days
- Tax return due date is earlier than Day 180 if you file early: may need to file for an extension
- COVID waiver extended some deadlines — verify current rules apply to your specific situation
A qualified intermediary (QI) must hold the sale proceeds during the exchange. If you receive the money yourself — even temporarily — the entire exchange fails and full capital gains tax is immediately due. Always use a reputable, bonded QI and establish the exchange relationship BEFORE closing on the sale of the relinquished property.
Tax Consequences of a Partial Exchange or Boot
If you receive any cash or other non-like-kind property in the exchange ('boot'), the boot amount is taxable in the year of exchange. To defer all gain, the replacement property must be of equal or greater value and all equity must be reinvested. Any mortgage paydown (receiving less debt on the new property than existed on the old) also constitutes boot unless offset with additional cash.
Calculate Tax You Would Defer With a 1031 Exchange
Enter your rental property sale proceeds and gain to see how much tax a 1031 exchange would defer.