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Glossary

1031 exchange

A 1031 exchange lets you defer the tax on a gain when you sell real estate held for investment and buy other investment real estate. The money must go through a qualified intermediary and you must meet strict deadlines.

Section 1031 of the tax code covers like-kind exchanges of real property held for business or investment. Rentals usually qualify. Property held mainly to resell, like a typical flip, usually does not.

The deadlines

  1. Day 0: you close the sale. The proceeds go to a qualified intermediary, not to you.
  2. Day 45: identify the replacement property in writing.
  3. Day 180: close on the replacement property.
Example | Deferring the gain on a rental
Sale price
$400,000
Adjusted basis
$250,000
Selling costs
$24,000
Gain deferred if fully exchanged$126,000

Simplified. Depreciation recapture, boot and debt replacement change the math.

Run The Deal estimates taxes on a flip's profit in the flip calculator; see house flipping taxes for why flips are taxed differently.

Questions

Can I do a 1031 exchange on a flip?

Usually not. Property held mainly for resale is generally not held for investment. Ask a tax advisor about your situation.

What happens if I miss the 45 day deadline?

The exchange generally fails and the gain becomes taxable. That is why investors line up replacement options before they sell.

Written by Austin Frangoules | Updated

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