What Qualifies as a 1031 Exchange
Under IRS Section 1031, a "like-kind exchange" allows you to sell an investment or business-use property and defer capital gains and depreciation recapture taxes if you replace it with another like-kind property within specified timeframes.
What qualifies (seller's side): Any real property held for investment or productive use in trade or business. This includes rental condos, waterfront estates used as rentals, raw land, commercial property, and vacation rental properties (if they meet IRS use requirements).
What qualifies (replacement property): Almost any real property held for investment. A rental condo in St. Pete can exchange into a waterfront estate, commercial building, or raw land — they are all "like-kind" under IRS rules.
What does NOT qualify: Primary residences (different rules apply), inventory property, personal property (since 2018 TCJA changes), stock, bonds, or partnership interests. A vacation home that you also personally use must pass a "held for investment" test — typically met if the property was rented for at least 14 days and your personal use did not exceed 14 days or 10% of rental days.
The 45-Day and 180-Day Rules
The 1031 exchange timeline is rigid and unforgiving. Missing either deadline ends the exchange — there are almost no exceptions:
45-Day Identification Rule: You have 45 calendar days from the sale closing date to identify potential replacement properties in writing to your Qualified Intermediary (QI). You may identify up to three properties under the Three Property Rule regardless of value, or more under specific IRS rules. Most exchanges use the Three Property Rule for simplicity.
180-Day Exchange Period: You must close on the replacement property within 180 calendar days of the sale, or by the due date of your tax return (including extensions) — whichever is earlier. If your sale closes on April 1, your 180-day deadline is September 28.
Boot: Any proceeds you receive (or debt you reduce) that are not reinvested in like-kind replacement property are called "boot." Boot is taxable in the year received. To fully defer taxes, you must reinvest all net proceeds and replace the mortgage debt (or offset it with additional equity).
The Qualified Intermediary — Non-Negotiable
A Qualified Intermediary (QI), also called an Accommodator or Exchange Facilitator, is a required third party who holds your sale proceeds during the exchange. IRS rules prohibit you from having actual or constructive receipt of the funds — if you touch the money, the exchange fails.
Your QI must be engaged before the closing on your relinquished property — you cannot set up the exchange after the sale. Select your QI before listing the investment property.
QI fees typically run $700–$1,500 for a standard single-property exchange. More complex or multi-property exchanges are higher. Use a national or regional QI with FDIC-insured segregated accounts for security — this is not the place to cut costs.
Florida-specific note: Florida does not recognize 1031 exchanges for state tax purposes — Florida has no state income tax, so there is nothing to defer at the state level. The 1031 exchange is a purely federal benefit. This is yet another advantage of Florida as an investment state.