NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require the member's nar.realtor login.
1031 Exchanges: The Basics
NAR Touts ‘Resounding Progress’ on Several Federal Policy Issues (RISMedia, Nov. 20. 2021)
“We were looking at a very ugly situation as far as the tax increase proposal to pay for the trillions of dollars in new spending that was proposed,” Liddiard said, pointing to proposed limits or elimination of 1031 exchanges at the start of 2021. While he assured the audience that he was “confident that 1031 is off the table,” Liddiard claimed that was only the tip of the iceberg of potential tax increases.”
1031 Exchange Rules: What You Need to Know (Investopedia, Nov. 17,2021)
1031 Like-Kind exchanges, often used to “trade” one real estate property to defer capital gains taxes, have many rules. With many moving parts, there are special rules for depreciable properties, a 45-day rule, a 180-day rule, a reverse exchange and various other rules for second properties, vacation homes etc.
What is Like-Kind Real Estate? (The Balance, Oct. 14, 2021)
“Like-kind real estate is a piece of property or land that is similar to another in nature or character. This designation is important to the Internal Revenue Service (IRS) because in most cases when you sell a piece of property or real estate, you will have to pay the capital gains tax. But in some cases, if you sell the property to purchase a second that is enough like the first, you can skip the tax.”
Rules, Forms, & Guidelines From the IRS
The following links provide instructions and tips for IRS tax forms relating to 1031 Like-Kind Exchanges.
What is IRS Form 8824: Like-Kind Exchange (TurboTax, Oct. 1, 2021)
About Form 8824, Like-Kind Exchanges (United States Internal Revenue Service, Mar. 23, 2021)
Like-Kind Exchanges – Real Estate Tax Tips (United States Internal Revenue Service, Feb. 9, 2021)
1031 Exchanges for REALTORS®
1031 Tax Deferred Exchange Safe for Now (Santa Barbara Independent, Nov. 1, 2021)
“Throughout the summer and into the fall, negotiations were being held that would decide the final form of the multi-trillion-dollar economic plan. Politicians spent weeks moving things on and off the table and only over the past week or so did the final framework come together. Members of the House Ways and Means committee sent out letters recently to their constituents letting them know that Section 1031 of the Tax Code was safe. While the bill has yet to be finalized and voted on, we can be assured that the Tax Deferred Exchange is safe, for now at least.”
The 1031 Like-Kind Exchange Is a Key Tool for Investing in Diverse and Inclusive Communities (National Association of REALTORS®, May 6, 2021)
“David Doig, President and CEO of Neighborhood Initiatives developed a national grocery story in the food desert of a Chicago’s Southside Bronzeville neighborhood. The site was formerly the demolished Ida B. Wells Public Housing Complex where it remained a vacant lot for more than 15 years. David’s company developed a Mariano’s grocery store in its place and then a New York investment group purchased the new development through a 1031 like-kind exchange. This outside capital infused a rebirth of jobs, housing, and commerce into the community.”
Like-Kind Exchange Transactions of REALTORS® in 2016-2019 (National Association of REALTORS®, Sep. 4, 2020)
This report, published midway through 2020, details the use of like-kind exchanges among REALTORS® from 2016-2019. It highlights the changes that occurred to the 1031 in with The Tax Cuts and Jobs Act of 2017. According to the report, a “majority of properties that were sold in like-kind exchange were held by small investors and that additional capital was invested in the property acquired nine times out of ten.”
Delaware Statutory Trusts (DSTs)
Delaware Statutory Trust (The Balance, Oct. 22, 2021)
“DST investors may benefit from a professionally managed, potentially institutional-quality property. The underlying property could be a 500-unit apartment building, a 100,000 square-foot medical office property, or a shopping center leased to investment-grade tenants. Most DST investments are assets that your run-of-the-mill, small- to mid-sized accredited investors could not otherwise afford. However, by pooling money with other investors, they can acquire this type of asset.”
What is a Delaware Statutory Trust in a 1031 Like-Kind Exchange (The Motley Fool, Apr. 16, 2021)
Delaware Statutory Trusts, which were created over 30 years ago, are way to take part in a 1031 Exchange without being the sole owner of a property. In some ways, this practice is akin to what we now call “crowdfunding” and is available for both residential and commercial real estate. Once you invest, you are a partial owner of both the equity and the debt.
Preferred Structure: As a Form of Fractional Investment, DSTs Have Become Popular as a Replacement for 1031 Exchanges (Wealth Management Real Estate, Apr. 1, 2021) E
Delaware Statuary Trusts have become increasingly popular in recent months. Lending DST sponsor, Capital Square Realty, has reported that the first three months of 2021 saw a huge increase in DST activity, helping them have their “strongest year ever.” At least part of this success can be ascribed to the growing amount of accredited investors – baby boomers. As baby boomers continue to age into retirement, they often are looking for new properties and passive income, the perfect situation for DSTs.
Guide to 1031 Exchanges: Basics, Resources & Intermediaries (BiggerPockets.com)—Quick overview of how 1031 exchanges work, with links to recommended resources and a list of qualified intermediaries.
Federation of Exchange Accomodators (FEA)—Professional organization for exchange specialists. Includes directory of exchange companies & specialists around the U.S.
eBooks & Other Resources
Our eBooks collection contains a plethora of both audio and electronic books for learning a diversity of foreign languages and cultural etiquette standards. Below you will find a sampling of materials available; to identify additional materials visit our Library Catalog Advanced Search page and search for Subject: International or Subject: Foreign.
How to Invest in Real Estate And Pay Little or No Taxes: Use Tax Smart Loopholes to Boost Your Profits By 40% (eBook)
The Tax-Free Exchange Loophole: How Real Estate Investors Can Profit from the 1031 Exchange (eBook)
Books, Videos, Research Reports & More
As a member benefit, the following resources and more are available for loan through the NAR Library. Items will be mailed directly to you or made available for pickup at the REALTOR® Building in Chicago.
Building Wealth Through 1031 Exchanges (Exchange Facilitator, LLC, 2006)
1031 Exchanges: How They Work (Professional Exchange Accommodators, LLC, 2005)
The Tax-Free Exchange Loophole (Wiley, 2005)
Have an idea for a real estate topic? Send us your suggestions.
The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.