We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Section 1031?

Jim B.
By Jim B.
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Section 1031 is a part of the Unites States Internal Revenue Service (IRS) Code that allows for those who exchange certain types of property to defer any taxes on the capital gains from the exchange. This law is mostly utilized for real estate transactions, but it can be used for any exchange of like-kind property. Since there is no realized economic gain in such an exchange, then there is no immediate tax to be paid on any capital gains, which are said to be unrealized gains. Taxes must eventually be paid if the property acquired in the exchange is subsequently sold.

In a normal sale of property, the individual who sells would be required to pay taxes on the money received for the property. With an exchange of like-kind property, Section 1031 stipulates that any capital gains or losses shall be unrecognized. Since there is simply a transfer of property from one person or entity to another, any gain is said to be just a paper gain, with no money changing hands. As such, the taxes on any possible gains may be deferred.

Real estate transactions are the most common types of Section 1031 exchanges. Such real estate must be held by the parties involved for trade, business, or investment purposes. This means that someone's personal residence is not eligible to be included in such a transaction. Many real estate transactions are multi-asset transactions, meaning that there is real and personal property traded between the parties, which must be discussed with IRS regulators to make sure that Section 1031 rules apply.

With personal property, much stricter rules apply in terms of whether it can be considered like-kind. The property must be considered of the same nature as that with which it will be traded, even if it is of lesser or greater quality. Property used within the U.S. that is exchanged with property used outside the U.S. does not qualify for the Section 1031 tax deferment. Exchanges of stocks, bonds, partnership interests, securities, or evidence of indebtedness are all subject to immediate taxation.

It is important to note that Section 1031 allows for taxes to be deferred, but such exchanges are not tax-free. If a property in a like-kind transaction is eventually sold, then the money gained in the sake is taxable, as are whatever gains were made in the like-kind exchanges that preceded the sale. In the case of multi-asset exchanges, there is the possibility that some of the gains made in the exchange will be tax-deferred as stipulated by Section 1031, while other gains, which involve property not considered like-kind, are deemed immediately taxable.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.