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Selling With a 1031 Exchange Series

The Selling With a 1031 Exchange Series

Attorney AdvertisingAnkaa Law P.C.Manhattan 42 West 44th Street · Flushing 3915 Main Street, Room 319+1 718-218-5805

“What is a 1031? How do the deadlines work? Can I exchange my home, out-of-state property or property held in a trust?” This series explains 1031 exchanges in plain language, combining federal tax law with New York practice.

The Basics

Part Title In One Sentence
Part 1 What Is a 1031 Exchange? How much tax it can save, what qualifies and five basic rules
Part 2 How Does the 1031 Timeline Work? 45 days, 180 days, the tax return trap and identification rules
Part 3 Why You Must Call an Attorney Before You Sell Constructive receipt, contract terms, choosing an intermediary and common mistakes

Common Questions

Part Title In One Sentence
Part 4 Can I Do a 1031 Exchange on My Home? Two-family houses, former homes, vacation homes and combining with Section 121
Part 5 Can I Exchange New York Property for Property in Another State? Like-kind property, no New York clawback and buying out of state
Part 6 Can a Trust Do a 1031 Exchange? Revocable trusts, irrevocable trusts and DSTs

Advanced Topics

Part Title In One Sentence
Part 7 What Is “Boot”? Do I Have to Buy a More Expensive Property? Equal or up, cash boot and mortgage boot
Part 8 Buy First, Sell Later: Reverse and Improvement Exchanges Accommodation titleholders, the 180-day improvement limit and co-op hurdles
Part 9 1031 Exchanges for Property Owned by Partners or an LLC Same taxpayer, the spouses’ LLC trap and drop and swap
Part 10 Exchange Until the End: Passing Property to Your Children Step-up in basis, estate tax and holding in trust

Main Laws Referenced in This Series

  • Internal Revenue Code Sections 1031, 121 and 1014
  • Treasury Regulation §1.1031(k)-1 and related regulations
  • IRS Rev. Procs. 2000-37, 2004-51, 2005-14 and 2008-16, and Rev. Rul. 2004-86
  • New York Tax Law: income tax, real estate transfer tax and estate tax

Key 2026 Numbers at a Glance

Item Rule
Identification deadline Day 45 after the sale closes
Exchange deadline Day 180 or the tax return due date (with extensions), whichever is earlier
How many properties to identify Three; or more than three up to 200% of value; or the 95% rule
Intermediary eligibility Anyone who served as your attorney, accountant, broker or employee in the past two years is disqualified
Vacation home safe harbor Own 24 months; rent at least 14 days a year; personal use no more than 14 days or 10% of rental days
Converting a replacement to your home Must own it 5 years after acquisition before Section 121 applies
New York State top income tax rate 10.9%
New York estate tax exclusion $7.35 million (cliff at $7,717,500)
Federal estate tax exemption $15 million

Attorney’s perspective

Whether a 1031 exchange succeeds usually depends on what happens before the sale: the contract terms, the qualified intermediary, how title is held and the timeline. We plan with you and your accountant before the property is listed, and handle closings in New York and coordinate those out of state.

For advice about your own situation, call +1 718-218-5805 or schedule a consultation. We meet clients in Flushing and Manhattan, in English or Chinese.

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, please contact us.

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