1031 Exchange Different States: What You Need To Know

1031 exchange

When it comes to 1031 exchanges, there are a lot of things that investors need to know in order to make the most of this tax-saving strategy. One question that often comes up is whether or not 1031 exchanges are available in different states. The answer is yes – and each state has its own set of rules and regulations.

In this blog post, we will take a look at 1031 exchange different states and what you need to know about them!

What is a 1031 exchange?

In real estate, a 1031 exchange is when an investor sells an investment property and reinvests the proceeds from the sale into another property. The exchange allows the investor to delay paying capital gains taxes on the sale of the first property as long as they reinvest the money into a similar property within a certain timeframe.

There are a few different types of properties that can be exchanged under the “like-kind” umbrella, including:

  • investment or business real estate
  • vacant land
  • multi-family dwelling
  • commercial office space

However, 1031 exchange rules in different states vary according to what qualifies as like-kind property. For example, in California, to qualify as a 1031 exchange, the replacement property must be of equal or greater value than the property that was sold. The exchange must also involve properties that are held for investment or business purposes and not for personal use. So, a primary residence would not qualify.

1031 Exchange Out of State

1031 exchange out of state means that you can sell your investment property and use the proceeds to buy another investment property outside of your state. This is a great way to diversify your portfolio and make sure that you are getting the most out of your investment. There are a few things to keep in mind when you are doing an out-of-state exchange, but if you follow the rules, it can be a great way to invest in property.

One of the first things to keep in mind is that you have to find a replacement property within 45 days of selling your original property. This can be a little tricky, but if you work with a real estate agent who specializes in investment properties, they should be able to help you find something that meets your criteria. The replacement property must also be of equal or greater value than the property you sold, so make sure you do your research before making any decisions.

Another thing to keep in mind is that you have to use a qualified intermediary to complete the exchange. This person will hold on to the proceeds from the sale of your property and then use that money to purchase the replacement property. They will also take care of all of the paperwork for the exchange, so you don’t have to worry about it.

1031 exchange between states

Exchanges between states can be a bit more complicated than exchanging within the same state. When you exchange between states, you’ll need to comply with both states’ laws and regulations. This can mean working with two different qualified intermediaries, which can add to the cost of the exchange. However, it can also be beneficial to exchange between states because it allows you to diversify your portfolio and invest in different types of property.

When you’re ready to begin your exchange, be sure to consult with a qualified professional to ensure that everything is done correctly. This way, you can avoid any potential penalties or complications down the road. You can successfully complete a smooth exchange between states with a little planning.

Can you do a 1031 exchange in a different state?

The simple answer is yes. You can do a like-kind exchange in a different state. However, there are some things to keep in mind if you’re thinking of doing a cross-state exchange. Here’s what you need to know:

First, it’s important to understand that while the IRS doesn’t have any specific requirements for cross-state exchanges, your state may have different rules. So, be sure to check with your tax advisor or attorney to see if there are any special requirements in your state.

Second, you’ll need to find a qualified intermediary who is licensed in both states. This person will hold the proceeds from the sale of your property and then use those funds to purchase the new property on your behalf.

Third, you’ll need to make sure that the property you’re purchasing is of similar or greater value than the one you’re selling. And, as with any exchange, the properties must be held for investment or business purposes – they can’t be used for personal use.

Finally, keep in mind that you’ll need to complete the exchange within a certain time frame – typically 180 days from the date of sale.

If you’re thinking of doing a cross-state exchange, be sure to do your homework and consult with a tax advisor or attorney to ensure that you meet all the requirements.

1031 exchange

Does 1031 exchange avoid state taxes?

The answer is, unfortunately, no. Even though you may have successfully completed a federal tax-deferred exchange, you may still be subject to state taxes on the transaction.

The good news is that there are a few states that do not tax exchanges, but they are in the minority. If you live in one of these states, you may be able to avoid state taxes on your exchange.

The following states do not tax exchanges: Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, Oregon, and Wyoming.

While it is possible to avoid state taxes on your exchange, it is important to remember that you will still be responsible for paying any applicable federal taxes.


The 1031 exchange is a powerful tool that can help you defer taxes and reinvest in new property. However, there are specific rules and regulations you must follow to make it work for you. Work with an experienced real estate agent who understands these intricacies and can help you navigate them smoothly.

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