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There are rules for Section 1031 exchanges. 

 

Generally, you cannot be in constructive or actual receipt of the proceeds of the sale of your property.

 

See https://www.irs.gov/pub/irs-news/fs-08-18.pdf

 

 

What are the different structures of a Section 1031 Exchange?


To accomplish a Section 1031 exchange, there must be an exchange of properties. The simplest
type of Section 1031 exchange is a simultaneous swap of one property for another.


Deferred exchanges are more complex but allow flexibility. They allow you to dispose of property
and subsequently acquire one or more other like-kind replacement properties.

To qualify as a Section 1031 exchange, a deferred exchange must be distinguished from the case
of a taxpayer simply selling one property and using the proceeds to purchase another property
(which is a taxable transaction).

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