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1031 Exchange: Maximize Your Investment Potential

A 1031 Exchange, under Section 1031 of the Internal Revenue Code, allows investors to defer capital gains taxes by reinvesting proceeds from the sale of an investment property into a like-kind property. This strategy is particularly beneficial for apartment owners in San Diego aiming to grow their portfolios while optimizing tax efficiency.

Key Benefits

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Tax Deferral

Defer capital gains and depreciation recapture taxes, allowing full reinvestment of proceeds.

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Portfolio Growth

Leverage tax savings to acquire higher-value properties or diversify holdings.

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Wealth Preservation

Maintain equity by avoiding immediate tax liabilities.

Important Timelines

45-Day Identification Period
Identify potential replacement properties within 45 days of selling the relinquished property.
​180-Day Exchange Period
Complete the acquisition of the replacement property within 180 days of the sale.

These periods run concurrently; timely action is crucial.

Identification Rules

1

Three-Property Rule

​Identify up to three properties, regardless of value.

2

200% Rule

 Identify any number of properties, provided their combined value doesn't exceed 200% of the relinquished property's value.

3

95% Rule

If identifying properties exceeding the 200% threshold, you must acquire at least 95% of their total value.

​Types of Exchanges

Delayed Exchange: Sell the relinquished property before acquiring the replacement.
Reverse Exchange: Acquire the replacement property before selling the relinquished one.
Improvement Exchange: Use exchange funds to improve the replacement property.

Eligible Properties

Qualifying properties include those held for investment or business purposes, such as:​

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  • Apartment buildings

  • Duplexes, triplexes, and fourplexes

  • Commercial real estate

  • Vacant land intended for investment

Properties held primarily for resale (e.g., flips) do not qualify.

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Partial Exchanges

It's possible to perform a partial 1031 Exchange by reinvesting only a portion of the proceeds. However, the non-reinvested portion may be subject to capital gains taxes.

Role of a Qualified Intermediary (QI)

A QI facilitates the exchange by:

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  • Holding sale proceeds to prevent constructive receipt

  • Preparing necessary documentation

  • Ensuring compliance with IRS regulations

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​Engaging a reputable QI is essential for a successful exchange.
 

Next Steps

​Considering a 1031 Exchange? As a San Diego apartment expert, I can guide you through the process, from identifying suitable replacement properties to coordinating with experienced QIs. Let's work together to maximize your investment potential.

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Apartment Agent, CA DRE #01948830
San Diego Apartment Expert

(619) 990-4436
 

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