David Martinek - Colorado Realtor
Direct Line: 7196879656    Cell 7192139335
1031 Property Exchange



The regulations, court cases and IRS rulings affecting 1031 Real Estate Exchanges are ever-changing.  Here are six primary rules you need to follow to comply with IRS regulations:


  1. Real Estate Property Use.  Both your old and new properties must qualify as investment or business use. If both properties pass this test, you can exchange nearly any type of real estate.


  1. 45 Day Identification Period.  You have 45 days from the closing of your sale of your old property to list the properties you may want to buy.  There are no exceptions to this deadline.


  1. 180 Day Exchange Period.  From the sale closing date of your old property, you have 180 days to close on the purchase of one or more of the properties listed on your 45-day list.  Again, there are not exceptions to this deadline.


  1. Qualified Intermediary.  The IRS mandates that you use a qualified intermediary to prepare the legal documents for your exchange.  Because the qualified intermediary must be independent, it cannot be your accountant, broker, friend or attorney.  The qualified intermediary also holds your money, so that you do have access to it.


  1. Prepare Title Holding.  You must purchase and take title to your new property(s) exactly as you held title to your old property.


  1. Reinvestment Requirement.  To defer all of your capital gain tax, you must buy a property(s) equal or higher in value than the one you sold.  Also, you must reinvest all of the cash proceeds from the sale of your old property.



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Woodland Park and DivideCripple Creek and VictorFlorissant and Lake George

Flood Realty, Inc
400 W. Highway 24, Suite # 207 • Woodland Park, CO 80863
Direct Line: 7196879656 • Cell 7192139335
Fax: 7192132638
Main Office Number 7196879656
Email: dave@floodrealty.net