By David Parks · eXp Realty · The Apollo Group · 2 min read
The Short Answer
A 1031 exchange lets an investor defer capital gains tax by selling an investment property and reinvesting in a similar one. Strict timelines and rules apply, so work with a qualified intermediary and tax professional.
Illustration by David Parks
The basic idea
Under Section 1031 of the tax code, you can exchange investment real estate for other investment real estate and defer taxes on the gain. It applies to investment or business property, not your primary home.
Key rules
You must use a qualified intermediary to hold the proceeds.
You have 45 days from the sale to identify replacement properties.
You must close on the replacement within 180 days.
The replacement property should generally be equal or greater in value.
Look at neighborhood trends and your holding period, and keep reserves for slower years. Talk with David to talk submarkets.
Start with cap rate, then ask a tax professional about depreciation and strategies like 1031 exchanges.
Why timing matters
Missing a deadline can disqualify the exchange. Start planning before you list your property.
Things to consider
Debt replacement, fees, and market availability all affect results. Deferral is not the same as elimination, since taxes may be due later.
Get help
This is a general overview, not tax advice. An investor’s agent can help with property searches, and a CPA and intermediary should guide the exchange.
Key Takeaways
The basic idea: Under Section 1031 of the tax code, you can exchange investment real estate for other investment real estate and defer taxes on the gain.
Key rules: You must use a qualified intermediary to hold the proceeds.
Why timing matters: Missing a deadline can disqualify the exchange.
Things to consider: Debt replacement, fees, and market availability all affect results.
This article is general information, not legal, tax, financial or inspection advice. Every home and situation is different, so confirm details with a licensed inspector, lender, attorney or tax professional.
David is a Greater Denver real estate advisor with eXp Realty and The Apollo Group (Colorado broker license FA100103211). He has closed more than $55 million in volume, earned eXp Icon status in 2025, and holds a 5.0 rating on Zillow from 27 verified reviews.