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1031 Tax Deferred Exchange

A tax-deferred exchange is simply a method by which a property owner trades property for other like-kind property and has the ability to defer any capital gain or loss which would be realized upon a sale. Section 1031 of the Internal Revenue Code allows up to 100 percent deferral of the realized gain.

To qualify for Section 1031 of the Internal Revenue Code, the properties exchanged must be held for productive use in a trade or business or for investment. Stocks, bonds, and other properties are listed as expressly excluded by Section 1031 of the Internal Revenue Code. However, securitized properties are not excluded. The properties exchanged must be of the same nature or character.