Delayed 1031 Exchange

delayed 1031 exchange

What is a Delayed 1031 Exchange?

The world of real estate investing is complex and multifaceted. Savvy investors continuously explore strategies to maximize their returns while minimizing their tax liabilities. One such strategy is the 1031 exchange. This provision under the United States tax code allows for the deferral of capital gains tax when selling a property provided the proceeds are reinvested in a ‘like-kind’ property. But did you know there are different types of 1031 exchanges, including a variation called the “Delayed 1031 Exchange”? Follow along as we delve deeper into the concept of the Delayed 1031 Exchange, its intricacies, how it works, and its potential benefits and drawbacks.

Why is the Delayed 1031 Exchange Used More Than Other Types of Exchanges?

A Delayed 1031 Exchange, also known as a Starker exchange, is a type of property exchange in which the replacement property is acquired after the relinquished property has been sold. This structure provides the investor additional time to find the perfect replacement property, differing from a standard or “simultaneous” 1031 exchange, where the exchange of the relinquished property for the replacement property must happen immediately.

What Are the Different Types of 1031 Exchanges?

Before we dive into the specifics of the Delayed 1031 Exchange, let’s take a moment to review the different types of 1031 exchanges and what they entail:

  • Simultaneous Exchange
    The original form of the 1031 exchange where the replacement property and relinquished property close on the same day. A simultaneous 1031 exchange requires precise timing and can be logistically complex.
  • Delayed Exchange
    The most common type of exchange is where the investor sells their property before acquiring a replacement. This offers more flexibility compared to the simultaneous exchange.
  • Reverse Exchange
    A less common but valuable type of exchange where the investor acquires the replacement property before selling the relinquished property. This can be helpful in competitive real estate markets.
  • Improvement/Construction Exchange
    This unique type of exchange allows the investor to use their tax-deferred dollars to improve the replacement property, thus adding value to their investment.


Each type of 1031 exchange serves a different purpose, has its own set of rules and regulations, and offers unique advantages depending on the investor’s situation.

What Rules and Regulations for a Delayed 1031 Exchange Do I Need to Follow?

The Internal Revenue Service (IRS) has specific rules for Delayed 1031 Exchanges to prevent abuse of the tax-deferral benefit. The two most significant are the 45-day rule and the 180-day rule.

The 45-day rule stipulates that within 45 days of selling the relinquished property, the investor must identify up to three potential replacement properties. These identifications must be made in writing and delivered to a qualified intermediary, a neutral third party facilitating the exchange.

The 180-day rule requires that the replacement property be purchased and the exchange completed within 180 days of the sale of the relinquished property.

Failure to meet these deadlines can result in the transaction being disqualified as a 1031 exchange, causing the investor to become subject to capital gains tax on the sale of the relinquished property.

What are the Benefits and Drawbacks of a Delayed 1031 Exchange?

The primary benefit of a Delayed 1031 Exchange is the deferral of capital gains tax. This strategy allows an investor to sell a property, reinvest the proceeds into a new property, and defer paying capital gains tax on the transaction, potentially leading to significant tax savings.

However, a Delayed 1031 Exchange is not without potential drawbacks. The strict deadlines can be challenging to meet, especially if there are delays in the closing process. Additionally, the investor must find suitable replacement properties within the 45-day identification period. This can be particularly challenging in competitive real estate markets.

Frequently Asked Questions about Delayed 1031 Exchanges

To provide a more comprehensive understanding, let’s address some commonly asked questions about Delayed 1031 Exchanges:

What qualifies as ‘like-kind’ property?

In the context of 1031 exchanges, ‘like-kind’ refers to the nature or character of the property, not its grade or quality. This means that any investment property can be exchanged for a different one.

Can personal property be used in a Delayed 1031 Exchange? No, per the Tax Cuts and Jobs Act of 2017, 1031 exchanges are limited to real property, meaning real estate.

Can you move into a replacement property? Yes, but holding the property for investment purposes for at least a year is recommended before converting it to personal use to adhere to IRS guidelines.


A Delayed 1031 Exchange, like any investment strategy, requires thoughtful consideration and planning. It offers significant tax advantages but also comes with strict deadlines and rules. As with any investment strategy, it’s crucial to seek the advice of a professional before proceeding. That’s where Cortes & Hay enters the picture. Cortes & Hay has been helping their customers through the 1031 exchange process for more than five decades. A Delayed 1031 Exchange, along with the other 1031 exchanges, can be a valuable component of your real estate investment portfolio, helping optimize your returns and minimize your tax liabilities. To learn more about how a 1031 exchange can benefit your property investment strategy, contact Cortes & Hay today for help with your exchange in the greater New Jersey area.

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