Anonymous
Not applicable

Investors & landlords

if a third party  (sometimes referred to as a qualified intermediary or exchange trustee)  did not get the proceeds directly from the sale and hold them to put down on your purchase of replacement property,  you can not do a 1031. 

 

put another way if you got hold of the sales proceeds a 1031 exchange is no longer permissible 

 

How a 1031 Exchange Works
A 1031 exchange defers taxes on the sale of a real estate investment.    (tax law changes in effect for 2018-2025 eliminated 1031 exchanges for non real property such as autos, machinery, a person's principal residence, real property held primarily for sale doesn't qualify) Investors can sell a property and reinvest their capital gains in a similar property of equal-or-greater value. It

 

 

Requirement that property be identified and that exchange be completed not more than 180 days after transfer of exchanged property For purposes of this subsection, any property received by the taxpayer shall be treated as property which is not like-kind property if—
(A) such property is not identified as property to be received in the exchange on or before the day which is 45 days after the date on which the taxpayer transfers the property relinquished in the exchange, or
(B) such property is received after the earlier of—
(i) the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange, or
(ii) the due date (determined with regard to extension) for the transferor’s return of the tax imposed by this chapter for the taxable year in which the transfer of the relinquished property occurs