📏 Rules & Requirements

1031 exchanges are powerful but strictly rule-bound.

Like-Kind Property Rule

Core Rule

Replacement must be "like-kind" — broadly interpreted for real estate. A rental house can exchange for a commercial building, raw land for an apartment. Both must be U.S. real property held for investment or business.

Equal or Greater Value

Value

To fully defer all taxes, acquire property of equal or greater value and reinvest all equity. Trading down triggers tax on the difference (boot).

45-Day Identification Window

Critical Deadline

Exactly 45 calendar days from closing to identify replacements in writing. No extensions — not for weekends, holidays, or illness.

180-Day Closing Window

Critical Deadline

Must close within 180 days of relinquished sale — or by the tax return due date, whichever is earlier. Filing an extension preserves the full 180 days.

3-Property / 200% / 95% Rules

Identification

Identify: (1) Up to 3 properties any value, OR (2) Any number ≤200% of relinquished value, OR (3) Unlimited properties if you close on ≥95% of total identified value.

Qualified Intermediary Required

QI Required

IRS mandates a QI hold exchange funds. You cannot receive, pledge, borrow, or benefit from proceeds at any point — doing so triggers immediate tax on the entire gain.

Same Taxpayer Rule

Entity

The entity selling must be the entity buying. Sell as an individual, buy as an individual. Mid-exchange entity changes can invalidate the exchange.

Holding Period & Intent

Holding

No IRS-mandated minimum, but most advisors recommend 1–2+ years to demonstrate investment intent. Quick resales after an exchange invite IRS scrutiny.

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This checklist is provided as an educational resource. Every exchange is unique, and this checklist should not replace professional advice from your Qualified Intermediary, CPA, and real estate attorney. Consult with qualified professionals before proceeding with any 1031 exchange.

The 1031 Exchange Guide
Educational Resource for Investors & Professionals

⚠️ This site provides general educational information only, not tax, legal, or financial advice. Always consult a qualified CPA, tax attorney, or licensed Qualified Intermediary before engaging in a 1031 exchange.

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Important Disclosures & Risk Summary: Investment Risks: Investing in Delaware Statutory Trust (DST) properties and real estate securities involve material risks. These include illiquidity, tenant vacancies, market conditions, competition, lack of operating history, interest rate fluctuations, new supply/softening rental rates, financing risks, development risks, long hold periods, and the potential loss of entire principal. General risks of commercial, multifamily, and short-term lease properties apply. Past performance does not guarantee future results. Cash flow, returns, and appreciation are not guaranteed.

Tax & Suitability Advice: IRC Section 1031 is a complex tax concept. The 1031 Exchange Guide is a general educational resource for navigating like-kind exchanges; it does not indicate suitability for any specific investor, nor does it constitute an offer or solicitation to sell securities. Consult a legal or tax professional regarding your specific situation.

Accredited Investor Requirement: DST properties are restricted to accredited investors (typically requiring a $1 million net worth excluding primary residence, or income of $200,000 individually / $300,000 jointly for the past two years) and accredited entities. Verify your status with your CPA or attorney.

Affiliation & Third-Party Sites: Securities offered through Cabin Securities, Inc., member FINRA / SIPC. Check firm history via FINRA BrokerCheck. Cabin Securities and The 1031 Exchange Guide are unaffiliated. The 1031 Exchange Guide & Cabin Securities are unaffiliated with third-party sites, cannot verify their accuracy, and assume no responsibility for their content. Third-party data and numbers are approximate, general, and educational only.

Jurisdiction Notice: Published for U.S. residents only. Representatives may only conduct business where properly registered. Responses to information requests may be delayed pending registration or exemption verification.

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