1031 Exchange FAQs

Learn the Facts Through Our 1031 Exchange FAQs

A 1031 exchange can be complex and overwhelming. We work hard to simplify the process for you. Below are frequently asked questions about the 1031 exchange process.

What is a 1031 Exchange?

A 1031 exchange is a transaction in which a taxpayer is allowed to exchange one investment property for another, thereby deferring the tax consequence of a sale.

Can I perform a 1031 Exchange on my personal property?

You cannot perform a 1031 exchange on your primary residence. Only real estate held as investment property or used for a business qualifies for a 1031 exchange.

Who needs to be involved in a 1031 exchange?

We recommend you consult an accountant, attorney, and Chicagoland 1031 Exchange to fully evaluate and understand your financial situation as well as tax and legal implications. If you decide to complete the 1031 exchange, you will also need a Qualified Intermediary in order to complete your sale and purchase.

Is Chicagoland 1031 Exchange a Qualified Intermediary?

No, Chicagoland 1031 Exchange is not a Qualified Intermediary. We are 1031 advisors and DST professionals whose primary role is to help you decide and evaluate what to do with the property you have and which property to invest in, all while navigating stringent IRS guidelines.

What is a Qualified Intermediary?

A Qualified Intermediary is a third party facilitator between the buyer and seller of 1031 exchange property investments. The Qualified Intermediary—who may not be the taxpayer or a disqualified person—enters into a written agreement with the taxpayer to acquire the relinquished property, transfer the relinquished property, acquire the replacement property, and transfer the replacement property to the taxpayer.

A Qualified Intermediary may not be an “agent” of a taxpayer, such as an accountant, attorney, or realtor who has served the taxpayer in a professional capacity within the past two years.

How many days do I have to complete a 1031 exchange?

A replacement property must be identified within 45 days of the date of sale of the relinquished property. You must close on the replacement property within 180 days of the date of sale.

Should my replacement property be valued at a certain dollar amount?

Yes. If you want to defer all your capital gains taxes, your replacement property must have a purchase price and a mortgage balance that is equal or greater than the relinquished property.

What is a Delaware Statutory Trust (DST)?

A Delaware Statutory Trust (DST) permits fractional ownership where multiple investors can share ownership in a single property or a portfolio of properties, which qualifies as replacement property as part of an investor’s 1031 exchange transaction.

What is Tenants-in-Common (TIC)?

A Tenants-in-Common (TIC) structure is a 1031 qualified form of ownership for holding title to real estate with more than one party. It enables multiple investors to own a separate and undivided interest in the property, thereby enjoying tax deferral benefits directly.

Are DST investments available to everyone?

DST investments are available to accredited investors only and accredited entities only.

What is an accredited investor?

An accredited investor is generally described as having a net worth of over $1 million exclusive of primary residence or income of over $200,000 ($300,000 with spouse if married) for each of the last two years.

How do I know which investment type is right for me?

It depends on your individual financial and investment circumstances. Chicagoland 1031 Exchange takes the time to get to know you in order to make the most appropriate investment recommendation for you.

What 1031 properties are available now?

The list is always changing. Please see our most recent 1031 Property Availability Report.

What are the risks of a 1031 exchange?

Like all real estate investments, principal and cash flow are not guaranteed. Investments are not liquid.

How do I learn more about a specific replacement property?

If you want to learn more about a specific property, we can provide you with a Private Placement Memorandum (PPM). We are also more than happy to review available replacement properties with you.

What happens when the DST sells?

When the DST sells, you’re at another inflection point. You can complete another 1031 exchange or you may decide to take the proceeds and pay the taxes. If you decide to complete a 1031 exchange, you do not have to choose another DST; you certainly can choose another property.

What if I have more questions?

We’re happy to answer any and all 1031 exchange questions. Please call us at (224) 245-5281 or schedule an introduction today.

No, thank you.