If you are preparing to sell your home, you might consider if your property is eligible for a 1031 exchange. Generally speaking, a 1031 exchange allows a taxpayer to defer payment of capital gains on the sale of a property if they reinvest the proceeds of that sale into a property of “like-kind” within 180 days. In other words, if you “swap” your existing property for a new property, you can defer paying capital gains tax on the sale of your first property.
1031 exchanges are intended for investment properties, however they can be used for a former primary residence or second home under very specific circumstances. Namely, if you stopped using the property being sold and rented it for fair market value for a period of time before the exchange, it may qualify as an investment property. Similarly, you may not use the new property you are purchasing as your primary residence for a period of two years.
There are many intricacies of 1031 exchanges. CastlePay advises you to consult a tax professional or refer to IRS publications before attempting a 1031 exchange.

If you execute a property “swap” (i.e. sell one property and purchase another) that meets the requirements of Section 1031, you’ll either have no capital gains tax or limited tax due at the time of your property sale.
Claimed as a capital gains tax deferment.
How to Claim
File Form 8824 (Like-Kind Exchanges) with your tax return for the year in which the exchange occurred.
For more information about 1031 exchanges, you can contact savings@castlepay.co or schedule a free consultation here.
Required Information
Unless you are directly swapping properties with another owner, the proceeds from the sale of your first property must be held in escrow by a qualified facilitator before they are reinvested in the second property. You may not receive the proceeds from the sale of the first property at any time for the exchange to be valid. Neither you, your real estate agent, your investment banker or broker, accountant, attorney, employee or anyone who has worked for you in those capacities within the previous two years can act as your facilitator.
Form 8824 asks for:
- Descriptions of the properties exchanged.
- Dates that properties were identified and transferred.
- Any relationship between the parties to the exchange.
- Value of the like-kind and other property received.
- Gain or loss on sale of other (non-like-kind) property given up.
- Cash received or paid; liabilities relieved or assumed.
- Adjusted basis of like-kind property given up; realized gain.
Timeline
You have 45 days from the sale of the first property to designate a replacement property. (You may designate up to three potential properties as the replacement property as long as you eventually close on one.)
You have 180 days from the sale of your first property to close on the new property.