# 1031 Experts ## Pages - [TaxPak 2026](https://expert1031.com/taxpak-2026/) - [TaxPak 2024](https://expert1031.com/taxpak-2024/) - [TaxPak 2025](https://expert1031.com/taxpak-2025/) - [1031 bookstore](https://expert1031.com/1031-bookstore/) - [courses](https://expert1031.com/courses/) - [TaxPak 2025 & 2026](https://expert1031.com/taxpak/) - [How to choose an expert](https://expert1031.com/1031-experts/how-choose-expert/) - [Meet the experts](https://expert1031.com/1031-experts/meet-experts/) - [Ask an expert](https://expert1031.com/1031-experts/ask-expert/) - [Brochures](https://expert1031.com/1031-facts/brochures/) - [Forms](https://expert1031.com/1031-facts/forms/) - [6 things to know](https://expert1031.com/1031-facts/6-things-know/) - [1031 Education](https://expert1031.com/1031-education/) - [1031 Resources](https://expert1031.com/1031-resources/) - [1031 Experts](https://expert1031.com/1031-experts/) - [1031 Facts](https://expert1031.com/1031-facts/) - [Testimonials](https://expert1031.com/1031-experts/testimonials-0/) - [1031 Tips by Gary Gorman](https://expert1031.com/1031-facts/1031tips-gary-gorman/) - [Exchanging Up!](https://expert1031.com/1031-education/exchanging/) - [PDFs](https://expert1031.com/pdfs/) - [Article Search](https://expert1031.com/article-search/) - [Thank You](https://expert1031.com/thank-you/): We will reach out to you soon! - [Home](https://expert1031.com/) - [Contact Us](https://expert1031.com/contact-us/) ## Posts - [No 45-Day extensions...](https://expert1031.com/no-45-day-extensions/): How do I get an extension to my 45-day deadline? The short answer: you don't. Except in VERY EXTREMELY RARE... - [The name on the deed...](https://expert1031.com/name-deed/): What if the lender for the new property is insisting that the loan include my spouse’s name, and that my... - [Transferring shares to a partnership...](https://expert1031.com/transferring-shares-partnership/): Can I buy a share of the new property then immediately transfer my share? I know I cannot sell the... - [The Definition of "Investment"](https://expert1031.com/definition-investment/): One of the basic requirements of a 1031 exchange is that you have to hold both the old property and... - [Selling 2, buying 1...](https://expert1031.com/selling-2-buying-1/): Can I sell two properties, and then only buy one new property to complete my 1031 exchange? Yes, you can.... - [REIT as 1031 replacement property...](https://expert1031.com/reit-1031-replacement-property/): “Can I buy REIT shares as my replacement property? ” I often hear about qualified intermediaries saying you can, but... - [IRS Form 8824...](https://expert1031.com/irs-form-8824/): “How do I report my 1031 exchange to the IRS? ” IRS Form 8824: This is the official 2-page form... - [Using funds on pre-closing items...](https://expert1031.com/using-funds-pre-closing-items/): "Can I use exchange funds that are being held by my intermediary for items like earnest money and appraisals prior... - [The 45-Day deadline...](https://expert1031.com/45-day-deadline/): "I have 45 days to identify replacement property for my exchange. What if I change my identification after the 45... - [Loans to a Trust...](https://expert1031.com/loans-trust/): "The old property that I sold was in the name of my revocable living trust. The lender on my new... - [Related party rules...](https://expert1031.com/related-party-rules/): News Flash: IRS Gets Tough with Related Party Rules! Two new events are confirming the IRS's determination to put teeth... - [IRS clamp-down on QIs...](https://expert1031.com/irs-clamp-down-qis/): The IRS's list of QIs... Every year, the IRS considers revisions to their tax forms. Among these is Form 8824... - [Buying down is taxable...](https://expert1031.com/buying-down-taxable/): If I buy down, how much is taxable? Or does that screw up my exchange? In order to not pay... - [Using money from the Old Property...](https://expert1031.com/using-money-old-property/): Can I pull the money that I invested in my Old Property out when I sell it? No -- not... - [Paying expenses with proceeds...](https://expert1031.com/paying-expenses-proceeds/): I just got a bill from my attorney for his work on the sale of my old property. Can the... - [Your attorney as intermediary...?](https://expert1031.com/your-attorney-intermediary/): "My attorney says that he can be my intermediary. He'll have one of his partners handle my exchange. Is this... - [Splitting proceeds...](https://expert1031.com/splitting-proceeds/): "If I buy more than one new property, are there rules on how I have to split the cash and... - [New FIRPTA Requirements...](https://expert1031.com/new-firpta-requirements/): New FIRPTA Filing Requirements Have Serious Consequences for Foreign Real Estate Owners A properly structured 1031 exchange can eliminate the... - [Allocating tax basis...](https://expert1031.com/allocating-tax-basis/): “If I buy more than one new property, how do I allocate my tax basis between them? ” Since your... - [Exchanging with Relatives](https://expert1031.com/exchanging-relatives/): For 1031 investing purposes, a relative is someone that is directly related to you in a straight line. Think of... - [Exchanging into a personal residence...?](https://expert1031.com/exchanging-personal-residence/): Can I sell my investment property and then buy a house that I would like to live in? In order... - [The definition of "closed"...](https://expert1031.com/definition-closed/): What is the definition of "closed" to meet the 180-Day deadline? You have to close the purchase of your new... - [Exchanging in two different States...](https://expert1031.com/exchanging-two-different-states/): Does my New Property need to be in the same State as the one I sold? You may buy your... - [Collecting interest on proceeds...](https://expert1031.com/collecting-interest-proceeds/): While the intermediary holds the money, can I withdrawal the interest monthly? The answer is NO. Section 1031 will not... - [The 200% Rule...](https://expert1031.com/200-rule/): What is the 200% Rule? There are many peculiarities to Section 1031, and the 200% Rule is one of them.... - [The Identification Rule...](https://expert1031.com/identification-rule/): I know what I want to buy, but I'm not sure where. Does that satisfy the IRS's Identification Rule? Identification... - [§1031 for estate planning...](https://expert1031.com/%c2%a71031-estate-planning/): I heard I can use §1031 for estate planning, but how? Selling your old property and buying several new properties... - [What "qualifies" a "qualified intermediary"...](https://expert1031.com/what-qualifies-qualified-intermediary/): What makes a Qualified Intermediary 'Qualified'... ? Trick question: it has two answers. 1. The I. R. S. answer: technically,... - [New Reverse Exchange Ruling...](https://expert1031.com/new-reverse-exchange-ruling/): IRS Modifies Reverse Exchange Ruling... In the past month (July 2004), the IRS has issued a ruling (Rev. Proc. 2004-51)... - [Where did §1031 come from...?](https://expert1031.com/where-did-%c2%a71031-come/): Where did §1031 and “exchanges” come from... ? In 1918, the U. S. enacted its first income tax. At this... - [Can I 1031 exchange my personal residence...?](https://expert1031.com/can-i-1031-exchange-my-personal-residence/): Other QI's have told me I could do an exchange on my personal residence if I keep it quiet. Is... - [Exchange from Real Estate into a REIT...](https://expert1031.com/exchange-real-estate-reit/): This Tee-Shot stated that you absolutely CANNOT exchange out of real estate and into a REIT. This is still true,... - [Is a "Starker Exchange" the same as "Normal Exchange"...?](https://expert1031.com/starker-exchange-same-normal-exchange/): Is a "Starker Exchange" different from a regular "1031 Exchange"... ? The answer is "no" -- there is no difference... - [Is §1031 a tax "loop-hole"...?](https://expert1031.com/%c2%a71031-tax-loop-hole/): Is §1031 a tax "loop-hole? "... ? Typically, when most people hear the term “tax loop-hole,” they think that something... - [Why the 45-Day Rule and 180-Day Rule...?](https://expert1031.com/why-45-day-rule-and-180-day-rule/): Why is there a 45-Day and 180-Day Rule for 1031 Exchanges? Time for some 1031 Trivia! ! As you know,... - [Is the "Year-and-a-Day" rule The Law...?](https://expert1031.com/year-and-day-rule-law/): Is the "Year-and-a-Day" rule The Law? Recently, we encountered a great deal of confusion and consternation concerning a 1031 exchange,... - [Can I exchange a real estate contract...?](https://expert1031.com/can-i-exchange-real-estate-contract/): Can I exchange my real estate contract in a 1031 exchange? In hot real estate markets around the country, South... - [Accepting earnest money from the Old Property...](https://expert1031.com/accepting-earnest-money-old-property/): Am I allowed to take an earnest money check when selling my Old Property? The rule of thumb is that... - [Using proceeds from the Old Property...](https://expert1031.com/using-proceeds-old-property/): Can I use proceeds from the sale of my Old Property for the earnest money deposit on my New Property?... - [NOT doing an exchange...](https://expert1031.com/not-doing-exchange/): What if I just don't do an exchange? A common question we get from prospective clients is how they determine... - [The Title Requirement and the Single Member LLC...](https://expert1031.com/title-requirement-and-single-member-llc/): §1031 says I have to take title to the New Property the same as the Old. But if my name... - [Helpful 1031 info for disaster affected areas...](https://expert1031.com/helpful-1031-info-disaster-affected-areas/): During the past couple of years, we've had quite a wave of hurricanes and other natural disasters. In many cases,... - [Who gets the interest...?](https://expert1031.com/who-gets-interest/): What difference would the earned interest make at today's rates? My QI is the cheapest around. Of course, I'm talking... - [IRS extends Katrina-related deadlines...](https://expert1031.com/irs-extends-katrina-related-deadlines/): On February 17, 2006, the IRS issued additional relief to taxpayers affected by Hurricane Katrina. Taxpayers in the most severely... - [Proposed regulations to shake 1031 industry...](https://expert1031.com/proposed-regulations-shake-1031-industry/): The IRS has just released proposed regulations which will have a huge impact on the 1031 industry. The good part... - [Can you spot a fraudulent QI...?](https://expert1031.com/can-you-spot-fraudulent-qi/): You've sold your purple duplex and you want to do a 1031 exchange. When it's time to pick your intermediary,... - [Where does the term "boot" come from...?](https://expert1031.com/where-does-term-boot-come/): Boot is the term used by the IRS and tax professionals when they talk about the taxable portion of a... - [Effective Real Estate Investing Partnership...](https://expert1031.com/effective-real-estate-investing-partnership/): What to do if you don't have an agreement in place (when you know that you really should) By Peter... - [The role of TICs in a 1031 Exchange...](https://expert1031.com/role-tics-1031-exchange/): TICs (rhymes with 'sticks') offer small real estate investors the opportunity to participate in big real estate projects. TIC investments... - [Can you 1031 exchange condemned property...?](https://expert1031.com/can-you-1031-exchange-condemned-property/): The answer is a definitive NO. You cannot do a 1031 Exchange. However, you can do a 1033 Exchange! Section... - [If I follow the 1031 rules, can they disallow my exchange...?](https://expert1031.com/if-i-follow-1031-rules-can-they-disallow-my-exchange/): If I follow all the 1031 rules, can the IRS still disallow my exchange... ? This should never happen, although... - [Land for land and the "Like-Kind" rule...](https://expert1031.com/land-land-and-kind-rule/): Does a Fix-and-Flip property qualify for a 1031 Exchange... ? Generally, fix-and-flips do not qualify for a 1031 Exchange. The... - [Won't I have to pay taxes eventually anyway...?](https://expert1031.com/wont-i-have-pay-taxes-eventually-anyway/): Many people ask the question, "Won't I still have to pay the capital gain taxes on my property when I... - [When to do a REVERSE exchange...](https://expert1031.com/when-do-reverse-exchange/): NOW may be a perfect time to do a reverse exchange... When the real estate market is a buyer's market,... - [Exchange on a lease with 30+ years...](https://expert1031.com/exchange-lease-30-years/): Can I do an exchange on a lease with more than 30 years remaining... ? Most real estate professionals are... - [Does the debt have to equal...?](https://expert1031.com/does-debt-have-equal/): Of all the misconceptions about 1031 exchanges, this has to be the most common. We hear it from accountants, clients,... - [Can I exchange a Fix-n-Flip...?](https://expert1031.com/can-i-exchange-fix-n-flip/): In short, probably not. Some people do 1031 exchanges on fix-n-flips, but it's risky. So: why are they risky? The... - [QI as an Expert Witness....](https://expert1031.com/qi-expert-witness/): YOU MAY WANT TO FORWARD THIS TO YOUR ATTORNEY... A 1031 QI (Qualified Intermediary) serves many functions: an officially sanctioned... - [IRS Challenges a State's Definition of "Real Estate..."](https://expert1031.com/irs-challenges-states-definition-real-estate/): A recent Tax Court case could dramatically impact the exchange of 1) pre-construction contracts, and 2) purchase and sale contracts.... - [Is it worth doing a 1031 on small exchanges...?](https://expert1031.com/it-worth-doing-1031-small-exchanges/): I’m selling a property for $25,000; is it worth doing a 1031 on something this small? Depends on the situation.... - [Can I FIRE my QI...?](https://expert1031.com/can-i-fire-my-qi/): Recently, there has been a spate of high-profile Qualified Intermediaries, or 'QIs,' facing financial problems, including bankruptcies, lawsuits and possible... - [Can I TRUST my QI...?](https://expert1031.com/can-i-trust-my-qi/): One of the things I used to tell my clients when I had my CPA practice is you never get... - [New IRS ruling relating to related parties...](https://expert1031.com/new-irs-ruling-relating-related-parties/): The IRS recently issued a ruling concerning related-party 1031 exchanges (PLR 200728008). This transaction occurs when a 1031 exchanger either... - [Selling as 'me,' buying as a disregarded entity...](https://expert1031.com/selling-me-buying-disregarded-entity/): I am selling a property that is in my name but I want my LLC to take title of my... - [How do I make my real estate a 1031 investment?](https://expert1031.com/how-do-i-make-my-real-estate-1031-investment/): Section 1031 doesn't just 'happen' to lucky real estate investors. There are things you can proactively do to make sure... - [Normal 1031 deadlines waived in some states for August storms...](https://expert1031.com/normal-1031-deadlines-waived-some-states-august-storms/): The usual 45- and 180-day deadlines have been extended due to August storms in some parts of the country. The... - [Can LLCs do 1031s...?](https://expert1031.com/can-llcs-do-1031s/): Believe it or not, we get asked this question frequently. And the answer is absolutely YES! If you are a... - [When can I file my tax return...?](https://expert1031.com/when-can-i-file-my-tax-return/): I am not done with my exchange, when can I file my tax return? One of the requirements to have... - [More than just 1031 email....](https://expert1031.com/more-just-1031-email/): Last week my wife was in a little fender-bender here in Denver (no one hurt and no damage to her... - [New IRS-Issued rev proc on vacation homes....](https://expert1031.com/new-irs-issued-rev-proc-vacation-homes/): The IRS just released a ruling setting forth the guidelines for doing a 1031 exchange on a vacation home. The... - [Can I exchange into a partnership...?](https://expert1031.com/can-i-exchange-partnership/): Section 1031 specifically does NOT allow the acquisition of a partnership interest as the replacement property for a 1031 exchange.... - [Who Tracks My Deadlines...?](https://expert1031.com/who-tracks-my-deadlines/): Who Tracks My Deadlines... ? Three principles from a real estate investment company interviewed their local Qualified Intermediary, who was... - [Using IRA funds in a 1031 purchase....](https://expert1031.com/using-ira-funds-1031-purchase/): Can I use my IRA along with my 1031 proceeds to buy my replacement property... ? Yes you can, but... - [$10,000 in Ten Minutes....](https://expert1031.com/10000-ten-minutes/): Occasionally we get a call from a prospective client who, for one reason or another, does not qualify for a... - [1031TICs and BBQ Chicken....](https://expert1031.com/1031tics-and-bbq-chicken/): Frequently we get calls from people who want to do a “1031 TIC. ” Or maybe even a “TIC 1031.... - [O.T.R.s ('other-than-real estate') that are 1031 exchangeable....](https://expert1031.com/otrs-other-real-estate-are-1031-exchangeable/): I know about Real Estate, but what ELSE can I 1031 Exchange... . ? While we here at The Experts... - [How much time will it take ME to do a 1031...?](https://expert1031.com/how-much-time-will-it-take-me-do-1031/): We LOVE this question, because it takes YOU virtually no time at all. We do all the work, because that’s... - [How Owner Carry Notes Impact 1031 Exchanges....](https://expert1031.com/how-owner-carry-notes-impact-1031-exchanges-2/): In this current climate of lender uncertainty, we’re getting a lot of questions about “owner carry” notes and how they... - [Congress Limits Gain Exclusion on the Sale of Some Primary Residences....](https://expert1031.com/congress-limits-gain-exclusion-sale-some-primary-residences/): When Congress passed the Housing Assistance Act of 2008, their goal was to help those people who were losing their... - [Odd Structure OK'd by IRS in 50% Partnership Reverse Exchange...](https://expert1031.com/odd-structure-okd-irs-50-partnership-reverse-exchange/): There was a partnership that had two partners: A and B. B wanted to sell his 50% interest to A.... - [Moving into your 1031 property....](https://expert1031.com/moving-your-1031-property/): Have you ever thought of moving into one of your rental properties? Or perhaps buying something in a 1031 exchange... - [Easy Calculation for “Equal or Up....”](https://expert1031.com/easy-calculation-equal-or-up/): To have a tax-free 1031 exchange you have to do two things: 1) you have to reinvest all the cash... - [When is a failed exchange taxable...?](https://expert1031.com/when-failed-exchange-taxable/): A common question we get this time of year involves what happens when a 1031 exchange falls in two tax... - [Using ‘Disregarded Entities’ in a 1031 Exchange](https://expert1031.com/using-disregarded-entities-1031-exchange-2/): One of the basic rules for holding title to property in a 1031 exchange is: “how you hold title to... - [Beware of Gaming Related Party Rules](https://expert1031.com/beware-gaming-related-party-rules/): Because section 1031 law is vague when it comes to exchanging with a related party, some investors have been tempted... - [Using 1031 Exchanges to Shift Gains Between Tax Years](https://expert1031.com/using-1031-exchanges-shift-gains-between-tax-years-3/): As we start to wind down towards the end of the year, now is a good time to point out... - [Don't Pay Tax Twice – Record Your "Boots"](https://expert1031.com/dont-pay-tax-twice-record-your-boots/): "Boot" is what the IRS calls the taxable part of a 1031 exchange. If you have boot, whether because you... - [Tax Court Affirms 1031 "Intent..."](https://expert1031.com/tax-court-affirms-1031-intent/): Section 1031 says you have to hold both your old and new properties with an investment intent, but it doesn't... - [Sellers helping buyers could impact exchange...](https://expert1031.com/sellers-helping-buyers-could-impact-exchange/): 's called "seller financing," "owner carry" or "contract for deed. " Your buyer puts up some cash, but needs you... - [Seller financing can make 1031 taxable UNLESS...](https://expert1031.com/seller-financing-can-make-1031-taxable-unless/): If the buyer of your property wants you to carry financing on the sale, the owner carry note will be... - [It Doesn’t End at 15%](https://expert1031.com/it-doesnt-end-15/): One of the reasons real estate investors do a 1031 exchange is to defer the capital gains taxes on the... - [Working Through the Crisis](https://expert1031.com/working-through-crisis/): Working Through the Crisis We must face a harsh fact: it’s a scary time. We’ve recently fielded lots of calls... - [How to Report the Handling of Contract Notes (Seller Financing) in a 1031 Exchange](https://expert1031.com/how-report-handling-contract-notes-seller-financing-1031-exchange/): There are a number of terms used for seller financing: "Contract for Deed," "Owner Carry Note," "Seller Contract," "Purchase Money... - [When To File Forms](https://expert1031.com/when-file-forms/): When to File Form 4797 Form 4797 is where you report the sale of property used in a trade or... - [1031 Exchange Deadline Relief Due to Hurricanes](https://expert1031.com/1031-exchange-deadline-relief-due-hurricanes/): The IRS has granted special relief for taxpayers whose exchange was impacted by Hurricane Ian. If you are doing a... - [Identification Rules for a 1031 Exchange](https://expert1031.com/identification-rules-1031-exchange/): Section 1031 is an IRS code section that lets you defer tax (in some cases a lot of tax), but... - [Can "Flips" Work in a 1031 Exchange?](https://expert1031.com/can-flips-work-1031-exchange/): In a real estate market moving as fast as it is right now, "flipping" property seems to be the favorite... - [Related Party Rules for 1031 Exchanges](https://expert1031.com/related-party-rules-1031-exchanges/): Good properties come on the market but don't last long — sometimes only hours or minutes, and oftentimes there are... - [1031 Identification Issues in a Hot Real Estate Market](https://expert1031.com/1031-identification-issues-hot-real-estate-market/): Section 1031 is an IRS code that allows you to defer real estate capital gains taxes (in some cases, a... - [TALES OF THE TEXAS EXCHANGERS! IRS deadlines extended due to winter storms](https://expert1031.com/tales-texas-exchangers-irs-deadlines-extended-due-winter-storms/): The Internal Revenue Service recently announced that Texas taxpayers—including 1031 exchangers—can have up to June 15, 2021 to file returns,... - [Trump's Out and Biden's In—What does this mean for 1031 Exchanges?](https://expert1031.com/trumps-out-and-bidens-what-does-mean-1031-exchanges/): Finally, the dust appears to have settled, the drama has ended, and the Biden regime has begun. So where are... ## City Service Pages - [Placeholder, AR](https://expert1031.com/near-me/placeholder-ar/): Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Lacus... ## Niche Content - [Placeholder Niche Content 3](https://expert1031.com/articles/placeholder-niche-content-3/): Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. 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The short answer: you don't. Except in VERY EXTREMELY RARE CIRCUMSTANCES, there is no such thing as an "extension" to the 45 day identification deadline. The 45 day requirement is a part of the code section. Legally, that makes it "statutory," meanin - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/name-deed/ - Categories: TEE-Shots What if the lender for the new property is insisting that the loan include my spouse’s name, and that my spouse must also be on the deed? Is this a problem? The taxpayer (name that appears on the deed) for the sale of the old property must be the same taxpayer on the deed for the new property. For - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/transferring-shares-partnership/ - Categories: TEE-Shots Can I buy a share of the new property then immediately transfer my share? I know I cannot sell the old property in my name, and then turn around and buy a share of a partnership. But, can I buy a share of the new property in my name, and then immediately transfer my share of the land to the partner - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/definition-investment/ - Categories: TEE-Shots One of the basic requirements of a 1031 exchange is that you have to hold both the old property and the new property for investment. So what is the definition of “investment”? Investment property is a very broad category. In fact, it generally includes any real property that is not your personal res - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/selling-2-buying-1/ - Categories: TEE-Shots Can I sell two properties, and then only buy one new property to complete my 1031 exchange? Yes, you can. In fact, this is a good strategy for reducing your management hassles by consolidating your investments. This may also make sense if you want to sell a few smaller properties in order to financ - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/reit-1031-replacement-property/ - Categories: TEE-Shots “Can I buy REIT shares as my replacement property?” I often hear about qualified intermediaries saying you can, but what does the IRS say? Absolutely not! The IRS has ruled that REIT shares do not qualify as replacement property in a 1031 exchange. A REIT, or Real Estate Investment Trust, is like a - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/irs-form-8824/ - Categories: TEE-Shots “How do I report my 1031 exchange to the IRS?” IRS Form 8824: This is the official 2-page form that you submit with your federal tax return to report the details of your 1031 exchange. You may be required to submit additional tax forms and calculations that relate to your exchange, but 8824 is the - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-funds-pre-closing-items/ - Categories: TEE-Shots "Can I use exchange funds that are being held by my intermediary for items like earnest money and appraisals prior to the closing of my new property?” Yes and no. The intermediary may only advance funds from your exchange account (the money being held from your sale) for items that are refunded if - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/45-day-deadline/ - Categories: TEE-Shots "I have 45 days to identify replacement property for my exchange. What if I change my identification after the 45 days?" If you change your identification after the 45th day, you’re in big trouble. If you get caught, your exchange will be disallowed. You’ll also be subject to penalties, which will - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/loans-trust/ - Categories: TEE-Shots "The old property that I sold was in the name of my revocable living trust. The lender on my new property won't make a loan to the trust. Is this a problem?" There are many types of trusts, and each type is handled differently by Section 1031. Probably the most common type of trust is the revocable - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/related-party-rules/ - Categories: TEE-Shots News Flash: IRS Gets Tough with Related Party Rules! Two new events are confirming the IRS's determination to put teeth in their related party rules. A recent Revenue Ruling says that you can't use your qualified intermediary as a buffer between you and the related party, and soon to be released cha - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/irs-clamp-down-qis/ - Categories: TEE-Shots The IRS's list of QIs... Every year, the IRS considers revisions to their tax forms. Among these is Form 8824 (the form that you attach to your tax return to report your 1031 exchange). One of the major changes they are considering is to require the exchanger to include the name and address of your - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/buying-down-taxable/ - Categories: TEE-Shots If I buy down, how much is taxable? Or does that screw up my exchange? In order to not pay any tax, you must buy equal or up. If you buy down, the amount of the buy down is taxable. For example, if you sell your Old Property for $100,000 and you buy the New Property for $90,000, you will pay tax on - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-money-old-property/ - Categories: TEE-Shots Can I pull the money that I invested in my Old Property out when I sell it? No -- not without paying tax. You must reinvest all of the cash from the sale of your Old Property in order to avoid paying tax, even if some of that cash is money that you put in. Think of it like a hard-boiled egg: the mo - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/paying-expenses-proceeds/ - Categories: TEE-Shots I just got a bill from my attorney for his work on the sale of my old property. Can the intermediary pay that from the proceeds they are holding? Yes -- the intermediary can disburse proceeds they hold to pay bills on the old property that arise subsequent to closing of the sale. Your attorney's bi - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/your-attorney-intermediary/ - Categories: TEE-Shots "My attorney says that he can be my intermediary. He'll have one of his partners handle my exchange. Is this okay?" No. Section 1031 prohibits an attorney, or their firm, who has had a client relationship with you in the past two years from acting as your qualified intermediary. --The Experts - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/splitting-proceeds/ - Categories: TEE-Shots "If I buy more than one new property, are there rules on how I have to split the cash and the debt?" No, as long as you buy equal or up, and reinvest all the cash, you can split the cash and the debt however you wish. For example, if you sold your Old Property for $100,000 and $60,000 went to your - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/new-firpta-requirements/ - Categories: TEE-Shots New FIRPTA Filing Requirements Have Serious Consequences for Foreign Real Estate Owners A properly structured 1031 exchange can eliminate the 15 percent withholding tax from the sale price that is normally required under FIRPTA. But under the new IRS regulations a foreign property seller must now a - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/allocating-tax-basis/ - Categories: TEE-Shots “If I buy more than one new property, how do I allocate my tax basis between them?” Since your tax basis rolls over from the old property to the new, you would allocate your basis between multiple properties on a pro-rata basis. For example, if you sell your Old Property for $100,00, which has a ba - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/exchanging-relatives/ - Categories: TEE-Shots For 1031 investing purposes, a relative is someone that is directly related to you in a straight line. Think of it this way: Linear = NO; Diagonal = YES. Your parents, grandparents, brothers and sisters, children and grandchildren, and your spouse are related to you horizontally and vertically, so t - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/exchanging-personal-residence/ - Categories: TEE-Shots Can I sell my investment property and then buy a house that I would like to live in? In order to properly do a 1031 exchange, both your Old Property and your New Property have to be held for investment. This means that in most situations you would have to hold the New Property as investment propert - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/definition-closed/ - Categories: TEE-Shots What is the definition of "closed" to meet the 180-Day deadline? You have to close the purchase of your new property within 180 days of the sale of your old property. So what does "close" mean? Is it enough to have a purchase and sale contract on the property? Or perhaps an option? Can you close in - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/exchanging-two-different-states/ - Categories: TEE-Shots Does my New Property need to be in the same State as the one I sold? You may buy your new property anywhere in the United States. You do not have to buy your new property near where you sold the old. This could allow you to move your rental property with you when you move to another part of the cou - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/collecting-interest-proceeds/ - Categories: TEE-Shots While the intermediary holds the money, can I withdrawal the interest monthly? The answer is NO. Section 1031 will not allow you to touch the money in between the sale of your old property and the purchase of your new, not even the interest. At the end of the exchange, you may have the interest sent - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/200-rule/ - Categories: TEE-Shots What is the 200% Rule? There are many peculiarities to Section 1031, and the 200% Rule is one of them. Basically, this rule means that the sum total of ALL the purchase prices for four or more replacement properties cannot exceed 200% of the selling price of the Old Property. Oddly, there is no lim - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/identification-rule/ - Categories: TEE-Shots I know what I want to buy, but I'm not sure where. Does that satisfy the IRS's Identification Rule? Identification must be clear enough for your average IRS agent to go from your 45-Day Identification form to the property you have identified. Street addresses are fine. An identification of the main - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/%c2%a71031-estate-planning/ - Categories: TEE-Shots I heard I can use §1031 for estate planning, but how? Selling your old property and buying several new properties can be a very useful tool for estate planning. Here's how it can work: You can sell a large old property and buy three smaller properties -- one for each of your three children to 'mana - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/what-qualifies-qualified-intermediary/ - Categories: TEE-Shots What makes a Qualified Intermediary 'Qualified'...? Trick question: it has two answers. 1. The I.R.S. answer: technically, nothing! In the IRS regulations, a "qualified" intermediary is anyone who is not "disqualified." You are disqualified if you have acted as the employee, attorney, banker, broke - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/new-reverse-exchange-ruling/ - Categories: TEE-Shots IRS Modifies Reverse Exchange Ruling... In the past month (July 2004), the IRS has issued a ruling (Rev. Proc. 2004-51) intended to clarify the rules about 'reverse' or 'parking' style property exchanges. The new ruling makes it clear that an exchanger cannot use a reverse exchange parking procedure - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/where-did-%c2%a71031-come/ - Categories: TEE-Shots Where did §1031 and “exchanges” come from...? In 1918, the U.S. enacted its first income tax. At this time, gain or loss was recognized on the sale and disposition of all property. To many legislators, it did not seem fair to impose taxes on dispositions involving an exchange of property when the ta - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-1031-exchange-my-personal-residence/ - Categories: TEE-Shots Other QI's have told me I could do an exchange on my personal residence if I keep it quiet. Is this risky? Yes it is risky -- AND it's an unnecessary risk at that. You don't need to do a Section 1031 exchange on your primary residence to defer or eliminate taxes. If you've lived in your house for t - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/exchange-real-estate-reit/ - Categories: TEE-Shots This Tee-Shot stated that you absolutely CANNOT exchange out of real estate and into a REIT. This is still true, except in the following limited situation: Many real estate investors find themselves in a position whereby they want to sell their investment property (or perhaps have already done so) a - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/starker-exchange-same-normal-exchange/ - Categories: TEE-Shots Is a "Starker Exchange" different from a regular "1031 Exchange"...? The answer is "no" -- there is no difference between a 1031 Exchange and a Starker Exchange. 1031 Exchanges are named after the section of U.S. Tax Code that allows for tax-deferred exchanges of real estate and other assets -- I.R - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/%c2%a71031-tax-loop-hole/ - Categories: TEE-Shots Is §1031 a tax "loop-hole?"...? Typically, when most people hear the term “tax loop-hole,” they think that something sneaky is going on. And, although, the “loop-hole” may technically be legal, the resulting tax treatment is not what Congress or the IRS intended. This is absolutely NOT the case wit - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/why-45-day-rule-and-180-day-rule/ - Categories: TEE-Shots Why is there a 45-Day and 180-Day Rule for 1031 Exchanges? Time for some 1031 Trivia!! As you know, when performing a Section 1031 Like-Kind Exchange, you have 45 days to identify your New Property (calculated from the date of closing on the sale of your Old Property), and 180 days to close on the - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/year-and-day-rule-law/ - Categories: TEE-Shots Is the "Year-and-a-Day" rule The Law? Recently, we encountered a great deal of confusion and consternation concerning a 1031 exchange, and the so-called "year-and-a-day" rule. You've probably heard that you should hold both your Old Property and your New Property for at least a year-and-a-day before - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-exchange-real-estate-contract/ - Categories: TEE-Shots Can I exchange my real estate contract in a 1031 exchange? In hot real estate markets around the country, South Florida is one example, more and more buyers are investing in "pre-construction" contracts -- meaning the investor pays a deposit and signs a contract to purchase a property that is not y - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/accepting-earnest-money-old-property/ - Categories: TEE-Shots Am I allowed to take an earnest money check when selling my Old Property? The rule of thumb is that you can't touch the money from the sale of your Old Property; however, you have until the closing of your Old Property to decide whether or not you want to go ahead with an exchange. So the answer (c - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-proceeds-old-property/ - Categories: TEE-Shots Can I use proceeds from the sale of my Old Property for the earnest money deposit on my New Property? Yes, but there's a trick to it. Here’s how it's done: First, make sure that the purchase contract for the replacement property has already been assigned to the intermediary. Next, make sure the esc - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/not-doing-exchange/ - Categories: TEE-Shots What if I just don't do an exchange? A common question we get from prospective clients is how they determine what their tax consequenses would be if they didn't do an exchange. Here is a simple way to calculate it. Depreciation Tax - First, you will be taxed at a maximum rate of 25% for all of the d - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/title-requirement-and-single-member-llc/ - Categories: TEE-Shots §1031 says I have to take title to the New Property the same as the Old. But if my name is on the old title, how do I protect my personal assets from liability that comes from a new rental property? Individual Ownership into a Single Member LLC As you know there are 6 basic rules to a 1031 exchange - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/helpful-1031-info-disaster-affected-areas/ - Categories: TEE-Shots During the past couple of years, we've had quite a wave of hurricanes and other natural disasters. In many cases, these disasters make it difficult for people to meet their 1031 exchange deadlines. Happily, the IRS recently issued a ruling called Revenue Procedure 2005-27 to offer guidance on this i - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/who-gets-interest/ - Categories: TEE-Shots What difference would the earned interest make at today's rates? My QI is the cheapest around. Of course, I'm talking about the interest that accrues on a client's money that is being held by the QI before the exchange is completed. And, I've heard this comment a number of times. But there are few f - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/irs-extends-katrina-related-deadlines/ - Categories: TEE-Shots On February 17, 2006, the IRS issued additional relief to taxpayers affected by Hurricane Katrina. Taxpayers in the most severely impacted parishes and counties now have until August 28, 2006 to perform "time-sensitive actions." Such "time-sensitive actions" include extensions of your 45-day and 180 - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/proposed-regulations-shake-1031-industry/ - Categories: TEE-Shots The IRS has just released proposed regulations which will have a huge impact on the 1031 industry. The good part of this ruling is that it will encourage intermediaries to hold exchange proceeds in a separate account for each client (rather than the highly risky practice of holding proceeds in a com - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-you-spot-fraudulent-qi/ - Categories: TEE-Shots You've sold your purple duplex and you want to do a 1031 exchange. When it's time to pick your intermediary, how do you know if the intermediary has previously been convicted of fraud? At least one has! Can you tell if the intermediary is daytrading with their client's money? Several have! Could the - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/where-does-term-boot-come/ - Categories: TEE-Shots Boot is the term used by the IRS and tax professionals when they talk about the taxable portion of a 1031 exchange. But where does it come from?--it's not defined anywhere in the internal revenue code, or in any court cases. There are several theories, but the one that we think is probably correct g - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/effective-real-estate-investing-partnership/ - Categories: TEE-Shots What to do if you don't have an agreement in place (when you know that you really should) By Peter Conti, www.resultsnow.com The number one reason most people hesitate to get things in writing is that they worry about upsetting their partner. Imagine if you had been married for two years and your pa - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/role-tics-1031-exchange/ - Categories: TEE-Shots TICs (rhymes with 'sticks') offer small real estate investors the opportunity to participate in big real estate projects. TIC investments (Tenant-In-Common) are like buying pizza by the slice; you're buying a slice of institutional-sized real estate instead of having to buy the whole thing. TIC spon - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-you-1031-exchange-condemned-property/ - Categories: TEE-Shots The answer is a definitive NO. You cannot do a 1031 Exchange. However, you can do a 1033 Exchange! Section 1033 of the Tax Code addresses condemnations and "involuntary conversions" of property. Let's say you own a nice piece of ocean-front property that you bought ten years ago for $200,000. It's s - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/if-i-follow-1031-rules-can-they-disallow-my-exchange/ - Categories: TEE-Shots If I follow all the 1031 rules, can the IRS still disallow my exchange...? This should never happen, although a renegade auditor can do almost anything he wants. But if this were to happen, his superiors should quickly reverse his decision. That's because IRC §1031 is not a loophole, or a procedure - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/land-land-and-kind-rule/ - Categories: TEE-Shots Does a Fix-and-Flip property qualify for a 1031 Exchange...? Generally, fix-and-flips do not qualify for a 1031 Exchange. The reason they don’t qualify is that typically people plan on selling a fix-and-flip as soon as the improvements are finished. In the upcoming book, Rich Dad's Real Estate Advan - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/wont-i-have-pay-taxes-eventually-anyway/ - Categories: TEE-Shots Many people ask the question, "Won't I still have to pay the capital gain taxes on my property when I eventually sell it? So what is the difference if I pay them now or later?" The Answer: Yes it is true that the taxes you deffered today will still be due in the future when you resell your property. - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/when-do-reverse-exchange/ - Categories: TEE-Shots NOW may be a perfect time to do a reverse exchange... When the real estate market is a buyer's market, it may be a great time to buy but a lousy time to sell. One of the challenges in a buyer's market is also trying to do a 1031 exchange -- because you have to both sell and buy to accomplish a like- - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/exchange-lease-30-years/ - Categories: TEE-Shots Can I do an exchange on a lease with more than 30 years remaining...? Most real estate professionals are familiar with 1031 exchanges involving real estate. Common examples would include selling land and buying a rental condo, selling a commercial property and buying a vacation home, etc. But, did - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/does-debt-have-equal/ - Categories: TEE-Shots Of all the misconceptions about 1031 exchanges, this has to be the most common. We hear it from accountants, clients, attorneys, financial publications and many other sources. The frightening thing is that we even hear it from other intermediaries as well! In fact, it was even printed in a brochure - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-exchange-fix-n-flip/ - Categories: TEE-Shots In short, probably not. Some people do 1031 exchanges on fix-n-flips, but it's risky. So: why are they risky? The answer has to do with INTENT. §1031 of the Internal Revenue Code specifically EXCLUDES property that is “held primarily for sale” from a 1031 exchange. The IRS defines investment propert - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/qi-expert-witness/ - Categories: TEE-Shots YOU MAY WANT TO FORWARD THIS TO YOUR ATTORNEY... A 1031 QI (Qualified Intermediary) serves many functions: an officially sanctioned entity to hold the proceeds of a 1031 exchange; a 'trail guide' to help you through the process; an advocate if the IRS challenges your exchange; a guardian to protect - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/irs-challenges-states-definition-real-estate/ - Categories: TEE-Shots A recent Tax Court case could dramatically impact the exchange of 1) pre-construction contracts, and 2) purchase and sale contracts. In the past, it was common for taxpayers to do a 1031 exchange on a contract if their state defined that type of contract as "real estate." For example, Fred enters in - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/it-worth-doing-1031-small-exchanges/ - Categories: TEE-Shots I’m selling a property for $25,000; is it worth doing a 1031 on something this small? Depends on the situation. The lowest exchange I can remember us doing was an $18,000 parcel. Just eighteen thousand! But some situations do call for it. A few years ago, our client Jim was selling a piece of land - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-fire-my-qi/ - Categories: TEE-Shots Recently, there has been a spate of high-profile Qualified Intermediaries, or 'QIs,' facing financial problems, including bankruptcies, lawsuits and possible federal actions. As a result, other QIs who are reputable and have safeguards in place to protect client funds (like 1031 Exchange Experts) ha - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-trust-my-qi/ - Categories: TEE-Shots One of the things I used to tell my clients when I had my CPA practice is you never get ripped off by people you DON’T trust. What I mean is, after a high profile fraud case, you never hear the victims say, “I just KNEW he was going to rip me off!” Instead, the victim usually says something like “I - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/new-irs-ruling-relating-related-parties/ - Categories: TEE-Shots The IRS recently issued a ruling concerning related-party 1031 exchanges (PLR 200728008). This transaction occurs when a 1031 exchanger either sells to or buys from a family member or his business entity. The most conservative approach is to ensure that both the exchanger and the related-party both - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/selling-me-buying-disregarded-entity/ - Categories: TEE-Shots I am selling a property that is in my name but I want my LLC to take title of my new property. Can I do this? If your LLC is a single member LLC, the answer is yes. A single member LLC is one which has only one member or owner. It is called a “disregarded entity” by the IRS, which means that it is - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/how-do-i-make-my-real-estate-1031-investment/ - Categories: TEE-Shots Section 1031 doesn't just 'happen' to lucky real estate investors. There are things you can proactively do to make sure your real estate investment is '1031-exchangeable' when the time comes to sell. Here are a few tips: Create a paper trail for the IRS that shows your intent to produce income. For - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/normal-1031-deadlines-waived-some-states-august-storms/ - Categories: TEE-Shots The usual 45- and 180-day deadlines have been extended due to August storms in some parts of the country. The affected states include: Wisconsin, Oklahoma, Ohio and Minnesota. The IRS has issued an extension for the following counties: Wisconsin: Crawford, La Crosse, Richland, Sauk and Vernon Oklaho - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-llcs-do-1031s/ - Categories: TEE-Shots Believe it or not, we get asked this question frequently. And the answer is absolutely YES! If you are a “taxpayer,” you are eligible for a 1031 exchange. This includes individuals, LLCs, partnerships, corporations, trusts, or any other legal entity you can think of. Of course, just because you are - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/when-can-i-file-my-tax-return/ - Categories: TEE-Shots I am not done with my exchange, when can I file my tax return? One of the requirements to have a valid 1031 Exchange is that you must report it on your income tax return. If you haven’t purchased your replacement property when you file your tax return, your exchange will be disallowed. Before you si - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/more-just-1031-email/ - Categories: TEE-Shots Last week my wife was in a little fender-bender here in Denver (no one hurt and no damage to her car, thank God). In the process of exchanging information, the driver of the other car recognized her! It turns out he’s been receiving 1031Tee-Shots regularly for the last three years. It also turns out - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/new-irs-issued-rev-proc-vacation-homes/ - Categories: TEE-Shots The IRS just released a ruling setting forth the guidelines for doing a 1031 exchange on a vacation home. The ruling is a Revenue Procedure (2008-16), which is what I call a ‘cookbook ruling,’ which essentially means that if you do certain things, you get a guaranteed result. In this case they will - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/can-i-exchange-partnership/ - Categories: TEE-Shots Section 1031 specifically does NOT allow the acquisition of a partnership interest as the replacement property for a 1031 exchange. However, in a just-released private letter ruling, the IRS did allow a taxpayer to purchase a partnership as the replacement property. Private letter rulings technicall - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/who-tracks-my-deadlines/ - Categories: TEE-Shots Who Tracks My Deadlines...? Three principles from a real estate investment company interviewed their local Qualified Intermediary, who was with a prominent title company, about handling their 1031 exchanges. While the QI was showing them his file drawer of clients, he mumbled, “Hmm. Gotta clean thi - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-ira-funds-1031-purchase/ - Categories: TEE-Shots Can I use my IRA along with my 1031 proceeds to buy my replacement property...? Yes you can, but it has to be done just right, and there are some limitations on how you use your property. Any property purchased by your IRA must be used for investment purposes only--so your replacement property cann - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/10000-ten-minutes/ - Categories: TEE-Shots Occasionally we get a call from a prospective client who, for one reason or another, does not qualify for a 1031 exchange. Maybe they're a developer, or they want to 1031 exchange their primary residence, or maybe a fix-n-flip. When we tell them they do not qualify, sometimes (albeit rarely) we get - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/1031tics-and-bbq-chicken/ - Categories: TEE-Shots Frequently we get calls from people who want to do a “1031 TIC.” Or maybe even a “TIC 1031.” And if you could combine two words any more ways, we’d probably get requests for those as well. The terms ‘1031’ and ‘TIC’ are often used in conjunction, usually for the purposes of marketing Tenant-In-Commo - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/otrs-other-real-estate-are-1031-exchangeable/ - Categories: TEE-Shots I know about Real Estate, but what ELSE can I 1031 Exchange....? While we here at The Experts are doing our part to promote real estate back to its' former glory, there are other things you can do to save on capital gains taxes in the meantime. Section 1031 of the Internal Revenue Code allows inves - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/how-much-time-will-it-take-me-do-1031/ - Categories: TEE-Shots We LOVE this question, because it takes YOU virtually no time at all. We do all the work, because that’s what WE do. Don't you hate it when a service takes your credit card info and then proceeds to tell YOU how to fix it? I mean, who’s paying who?! As The Experts, we do all the work for you. So wha - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/how-owner-carry-notes-impact-1031-exchanges-2/ - Categories: TEE-Shots In this current climate of lender uncertainty, we’re getting a lot of questions about “owner carry” notes and how they impact a 1031 exchange. Whether you call it seller financing, contract for deed or purchase money mortgage, what we are talking about is the amount of financing the seller of a prop - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/congress-limits-gain-exclusion-sale-some-primary-residences/ - Categories: TEE-Shots When Congress passed the Housing Assistance Act of 2008, their goal was to help those people who were losing their homes in foreclosure. One of the side effects of the bill, however, was a change that could affect taxation on the gain from the sale of your personal residence. This new law modifies t - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/odd-structure-okd-irs-50-partnership-reverse-exchange/ - Categories: TEE-Shots There was a partnership that had two partners: A and B. B wanted to sell his 50% interest to A. Since A already owned the other 50%, when he acquired the interest and the transaction was completed, he would own all of the partnership. Partner A's plan was to buy B’s 50% interest in the partnership b - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/moving-your-1031-property/ - Categories: TEE-Shots Have you ever thought of moving into one of your rental properties? Or perhaps buying something in a 1031 exchange that you could move into some day? If so, this Tee-Shot will explain the ramifications of doing this. Tee-Shot from the 1031 Experts! Using Section 1031 to Buy a House You Want to Live - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/easy-calculation-equal-or-up/ - Categories: TEE-Shots To have a tax-free 1031 exchange you have to do two things: 1) you have to reinvest all the cash left over from the sale, and 2) you have to buy equal or up. Failure to do both of these things will result in a tax liability. It doesn’t toast your exchange—you simply pay tax on the cash you didn’t re - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/when-failed-exchange-taxable/ - Categories: TEE-Shots A common question we get this time of year involves what happens when a 1031 exchange falls in two tax years. For example, you sell your old property in 2009, but your exchange fails and you get your money back in 2010 - when is your exchange taxable: 2009 or 2010? The answer is, whichever year you - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-disregarded-entities-1031-exchange-2/ - Categories: TEE-Shots One of the basic rules for holding title to property in a 1031 exchange is: “how you hold title to your old property is how you have to take title to your new property.” This means that the title to the new property has to be taken by the same tax return that held title to the old property. For exam - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/beware-gaming-related-party-rules/ - Categories: TEE-Shots Because section 1031 law is vague when it comes to exchanging with a related party, some investors have been tempted to fudge the rules. But why risk it? There is some leeway that allows you to complete this kind of transaction without stepping into danger. One clever woman, an exchange investor, as - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/using-1031-exchanges-shift-gains-between-tax-years-3/ - Categories: TEE-Shots As we start to wind down towards the end of the year, now is a good time to point out that 1031 exchanges are a great vehicle to use in shifting gain between two tax years. For example, if Fred and Sue sold their purple duplex on December 1, 2011, their 45-day identification deadline for their excha - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/dont-pay-tax-twice-record-your-boots/ - Categories: TEE-Shots "Boot" is what the IRS calls the taxable part of a 1031 exchange. If you have boot, whether because you bought down, or you took cash out of an exchange, you will very likely pay tax twice, unless you keep a record of the fact that you've already paid the tax. If this situation with boot applies to - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/tax-court-affirms-1031-intent/ - Categories: TEE-Shots Section 1031 says you have to hold both your old and new properties with an investment intent, but it doesn't define what investment intent is. We, like most 1031 advisors, use the year-and-a-day holding period as a benchmark for defining investment intent. But there are many investors who are willi - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/sellers-helping-buyers-could-impact-exchange/ - Categories: TEE-Shots 's called "seller financing," "owner carry" or "contract for deed." Your buyer puts up some cash, but needs you to make up the difference. If you're doing a 1031 exchange, you need to know your options. Otherwise, you might end up holding the tax bill. If you (or one of your clients) are selling a p - Published: 2026-01-26 - Modified: 2026-02-11 - URL: https://expert1031.com/seller-financing-can-make-1031-taxable-unless/ - Categories: TEE-Shots If the buyer of your property wants you to carry financing on the sale, the owner carry note will be taxable in a 1031 exchange unless you read this article first. It explains how in times like these, when banks are more or less reluctant to loan dollars, potential home buyers may have a hard time f - Published: 2026-01-06 - Modified: 2026-01-27 - URL: https://expert1031.com/it-doesnt-end-15/ - Categories: Articles One of the reasons real estate investors do a 1031 exchange is to defer the capital gains taxes on the sale of their ‘old’ real estate. Many people think that the capital gains tax on selling their real estate is just 15%. Not so! It’s actually much greater in most cases. Here’s why: Too many people - Published: 2026-01-06 - Modified: 2026-01-06 - URL: https://expert1031.com/working-through-crisis/ - Categories: Articles Working Through the Crisis We must face a harsh fact: it’s a scary time. We’ve recently fielded lots of calls with concerns about the economic situation caused by this worldwide pandemic. We hear them, and we feel them. Fear is normal in times like these, and to be realistic, the unexpected is still - Published: 2023-01-16 - Modified: 2026-02-03 - URL: https://expert1031.com/how-report-handling-contract-notes-seller-financing-1031-exchange/ - Categories: Articles There are a number of terms used for seller financing: "Contract for Deed," "Owner Carry Note," "Seller Contract," "Purchase Money Financing," etc. These all describe a situation where the buyer wants the seller to provide a portion of the financing. For example, Bob Buyer wants to buy your rental h - Published: 2023-01-15 - Modified: 2026-02-03 - URL: https://expert1031.com/when-file-forms/ - Categories: Articles - Published: 2022-10-12 - Modified: 2022-10-12 - URL: https://expert1031.com/1031-exchange-deadline-relief-due-hurricanes/ - Categories: Articles The IRS has granted special relief for taxpayers whose exchange was impacted by Hurricane Ian. If you are doing a 1031 exchange anywhere in the State of Florida on property that you sold, bought or are buying, or you live in the State of Florida, the IRS has automatically extended your 1031 deadline - Published: 2021-08-25 - Modified: 2021-08-25 - URL: https://expert1031.com/identification-rules-1031-exchange/ - Categories: Articles Section 1031 is an IRS code section that lets you defer tax (in some cases a lot of tax), but of course they don't make the deferral easy. But it's not impossible either. One of the rules that can cause a lot of angst, especially in a fast-moving real estate market like the one we have now, is the r - Published: 2021-07-10 - Modified: 2021-07-10 - URL: https://expert1031.com/can-flips-work-1031-exchange/ - Categories: Articles In a real estate market moving as fast as it is right now, "flipping" property seems to be the favorite pastime. Flipping is when you buy a property with the intent of turning around and selling it soon after the purchase. But can you do a 1031 exchange and defer the gain in a flip situation? To qua - Published: 2021-05-28 - Modified: 2021-05-28 - URL: https://expert1031.com/related-party-rules-1031-exchanges/ - Categories: Articles Good properties come on the market but don't last long — sometimes only hours or minutes, and oftentimes there are multiple offers competing against you. As a result, a common question we get right now is, "can I buy a property that is owned by a relative?" Section 1031 law does not allow you to sel - Published: 2021-05-05 - Modified: 2021-05-05 - URL: https://expert1031.com/1031-identification-issues-hot-real-estate-market/ - Categories: Articles Section 1031 is an IRS code that allows you to defer real estate capital gains taxes (in some cases, a lot of capital gains taxes). The rules aren't impossible to follow, but they aren't easy, either. One of the rules that causes a lot of angst, especially in a fast-moving real estate market like we - Published: 2021-03-15 - Modified: 2021-03-15 - URL: https://expert1031.com/tales-texas-exchangers-irs-deadlines-extended-due-winter-storms/ - Categories: Articles The Internal Revenue Service recently announced that Texas taxpayers—including 1031 exchangers—can have up to June 15, 2021 to file returns, identify replacement property, purchase replacement property, or make other payments due to the chaos caused by February’s winter storms. For affected Texans, - Published: 2021-02-08 - Modified: 2021-02-08 - URL: https://expert1031.com/trumps-out-and-bidens-what-does-mean-1031-exchanges/ - Categories: Articles Finally, the dust appears to have settled, the drama has ended, and the Biden regime has begun. So where are we now, and what do I think the 1031 Exchange industry can expect in the foreseeable future? 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