06/26/2025: Section 1031 - Scale Your Real Estate, Tax Deferred

 

An Overview: 

There is a powerful and little-known aspect of the US tax code that can provide significant long-term benefits for  investors holding highly appreciated real estate holdings: Section 1031. 

Often referred to as a “like-kind exchange,” Section 1031 allows investors to sell one business-use or real estate  investment property and reinvest the proceeds into another qualifying property without having to pay capital gains taxes  right away. While preserving compounding power, this legitimate tax deferral method can greatly increase real estate  returns. 

 

Section 1031: The Federal Advantage: 

Here’s why 1031 exchanges remain a strategic investment tool: 

  • Deferred Capital Gains: Instead of paying taxes on a sale, investors can roll the entire gain into a new property. That  means more capital is preserved and put to work. For example, selling a property with a $1 million gain could trigger  over $235,000 in combined federal and state taxes. A 1031 exchange defers this entire amount, making that capital  available for reinvestment. 
  • Flexible Property Types: The IRS defines “like-kind” broadly, allowing exchanges between very different types of  real estate, an office building can be exchanged for raw land, an industrial property, or for a multifamily complex. 
  • Strict Timelines: Investors must identify potential replacement properties within 45 days of the sale and close on the  new asset within 180 days. 
  • Qualified Intermediary Requirement: Funds from the sale must be held by a neutral third-party intermediary,  investors cannot take possession of the money. 
  • Unlimited Use: There’s no limit on how many times you can do a 1031 exchange. Investors can defer taxes over  decades, even until death. 

And the biggest long-term benefit? If a property is held until the investor passes away, the deferred gain is eliminated  due to the step-up in cost basis for heirs. 

This makes Section 1031 especially attractive to investors thinking generationally, or those focused on maximizing the  reinvestment of capital over time. 

 

Quantitative Case Study: The Power of Deferral: 

Consider an investor who purchased a small multifamily property 10 years ago for $500,000 cash. Today it’s worth $1.5  million, representing a $1 million long-term capital gain. Selling the asset outright would result in over $235,000 in  combined federal and state capital gains taxes, leaving only $1.265 million for reinvestment. 

Instead, the investor uses a 1031 exchange to defer taxes. They roll the full $1.5 million into a $2 million property,  adding $500,000 in debt, while meeting the 45-day identification and 180-day exchange deadlines. 

By doing so, the investor maintains full purchasing power. Had they paid taxes and reinvested only the remaining  $1.265 million with the same debt, they could have only purchased a $1.765 million property (assuming $500,000 debt  financing), a permanent step down in asset size and long-term income potential. 

The best part: there is no limit to how many times this can be done. 

And if the investor holds the final property until death, their heirs inherit it at a stepped-up basis, erasing all deferred  taxes. 

 

What This Means for Investors: 

When used correctly, Section 1031 can enhance your real estate strategy in several ways: 

  • Preserve and reinvest 100% of sale proceeds 
  • Upgrade or diversify your portfolio without liquidating capital 
  • Improve cash flow by moving into higher-yielding assets 
  • Defer taxes across generations if the asset is held until death 

In a market where tax efficiency and smart capital deployment matter more than ever, 1031 exchanges are a useful tool.  The quantitative edge is clear: higher compounding power, enhanced income streams, and long-term tax elimination  potential. 

 

Final Thoughts: 

Tax deferral should not be the sole reason to transact, but for investors already contemplating a sale, Section 1031 can  make the next step smarter, not just financially, but strategically. Whether you’re consolidating, diversifying, or planning  for legacy, the right exchange strategy could be the key to amplifying your long-term return.

 

Best,

Craig