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The big question

What is a 1031 exchange? The friendly version.

It’s the section of the tax code that lets you sell an investment property, buy another one, and tell the capital gains bill: not today. Here’s how it actually works, minus the jargon.

Pictured: 1148 Grand Traverse Parkway, Reunion — an active listing

The one-sentence version

Section 1031 of the Internal Revenue Code says that if you sell real estate you hold for investment or business use, and you roll every dollar into more investment real estate by the rules and by the deadlines, you don’t pay capital gains tax on the sale now — the tax is deferred, sometimes for decades, sometimes forever.

That’s it. That’s the magic trick. The name comes from the code section; the paperwork comes from a “qualified intermediary”; and the opportunity comes from the fact that your money keeps compounding instead of taking a haircut every time you trade up.

Why investors love it

0%
capital gains tax due at closing when you exchange correctly
45
days to identify your next property after you sell
180
days to close on it
number of times you can keep exchanging

A quick porch story

Say you bought a Kissimmee vacation villa years ago for $300,000 and it’s worth $650,000 today. Sell it outright and you could owe federal capital gains tax, depreciation recapture, and possibly the net investment income surtax — call it a very unpleasant six-figure conversation with the IRS.

Exchange it instead, and that entire $650,000 goes to work in the next property — maybe a bigger villa in ChampionsGate, maybe a sailboat-water home in Punta Gorda Isles that rents all season. The tax bill doesn’t disappear from the books, but it stops interrupting your compounding. Do it again in five years. And again. Many families never stop.

What qualifies (and what doesn’t)

  • Qualifies: rental homes, vacation rentals run as rentals, condos, land, commercial — real property held for investment or business
  • Qualifies: exchanging across Florida or across state lines — “like-kind” is broader than people think
  • Doesn’t qualify: your primary residence (that gets its own, different tax break)
  • Doesn’t qualify: property bought to flip immediately, or anything that isn’t real estate
  • The catch: you can’t touch the sale money — it must sit with a qualified intermediary between closings

The part everyone forgets

A 1031 is a deferral, not forgiveness — but deferral has a famous last chapter. Hold your final property until you pass, and under current law your heirs receive it at a stepped-up basis. The deferred gain, accumulated across every exchange you ever made, can simply evaporate. Estate planners call the strategy “swap ’til you drop,” and they are not joking.

Questions people ask

The honest FAQ

It’s an IRS-sanctioned way to sell investment real estate and reinvest the full proceeds into other investment real estate without paying capital gains tax at the time of sale. The tax is deferred as long as you follow the identification rules, the deadlines, and use a qualified intermediary.

You list and sell your investment property with exchange language in the contract; a qualified intermediary holds the proceeds; within 45 days you identify replacement property in writing; within 180 days you close on it; the intermediary wires the funds; you carry your old tax basis into the new property.

For real estate it’s wonderfully broad: any real property held for investment or business use is like-kind to any other. A Davenport townhome can exchange into vacant land, a Punta Gorda duplex, or a ChampionsGate villa. It does not mean “same type of building.”

Qualified intermediary fees for a standard delayed exchange typically run about $750–$1,500, plus your normal closing costs. Reverse and improvement exchanges cost more because an intermediary entity has to hold title. It’s usually a rounding error next to the tax being deferred.

No — your home isn’t held for investment, so it doesn’t qualify. But primary residences get their own generous break (the Section 121 exclusion), and there are legitimate ways to convert property between the two worlds. We wrote a whole guide on it.

Keep reading

Global Florida Realty are real estate specialists, not CPAs or attorneys — treat this page as a well-informed porch conversation, not tax or legal advice. Rules change and details matter, so before you act, let us connect you with the qualified intermediaries and tax advisors we work with every season.