How to Manage Your Commercial Real Estate Capital Gains?


Real estate investment comes with a lot of advantages. But you must stay aware of the essentials and understand things better before deciding on investment or any other important step.

For example, if you plan to sell your real estate and invest in a new one, the tax gain can easily be deferred through the procedures in the IRC.

The investors can choose to exchange the real estate for another one and can easily postpone the payment of the taxes on the unrealized gain from the property.

When the proceeds are invested in like-kind property, there won’t be any worry about paying taxes. They are commonly known as 1031 exchange and are named after the IRS section, which helps the investor reinvest the sale proceeds without worrying about tax payments.

However, if you are unaware, the guide will break down the essentials to provide clear insights.

Basic requirements

To enjoy the benefits of the 1031 exchange, the investor must fulfill specific criteria. This can include.

  • The property investment in the new one must be used for trade or business purposes. Herein the personal use property or the inventory property will not be eligible for the benefit.
  • The acquired property must be compatible with the 1031 exchange, or they must be of like kind. Simply put, the like-kind property will be one of the exact nature, class, or character. Before 2018, a wide range of properties, from real estate to tangible personal property, could easily qualify for a like-kind exchange. However, many options have been excluded since the Tax Cuts and Jobs Act of 2017. As a result, the personal properties are no longer eligible for enjoying the tax saving benefits.

However, certain types of directly held property qualify as like-kind property, and thus, it will be possible for you to exchange farmland for an apartment building.

  • You will require a qualified intermediator unless you are directly exchanging real estate property for another one without a price difference. The intermediator is used for holding proceeds from the sale of the property and then for acquiring the new one.
  • It is essential to identify the replacement property within 45 days of the previous property’s sale. After that, you can invest in up to three replacement properties irrespective of the value, or you can identify the properties as you like unless the total property value is not more than 20% of the market value of the sold property.

There is a separate rule that will allow you to identify more properties. However, two restrictions permit it if you have at least 95% of the specified properties’ value by the required date.

  • The property acquisition must be completed within 180 days of the old property’s sale or before the due date of the federal income tax return acquisition. Filling out the income tax extension can extend the deadline, offering better control over the 180-day rule.
  • For qualifying for the entire tax deferral, the acquired property value must exceed or equal the value of the relinquished property. Only a partial difference will be available when the acquired property is less in worth.

Reverse 1031 exchange is where the property is first acquired before selling the current one. While the basics of completing the exchange are pretty straightforward, the process can be complicated. Thus, consulting professional tax advisors is essential for identifying the experienced, qualified intermediator who can make the difference easy and ensure the process is followed as laid out by the IRS.

Like-kind exchange

To an extent, the 1031 exchange will allow the deferral of green recognition. The original cost or the basis of the sold property will be carried over to the acquired property. Herein depreciation will begin in the acquisition year, but it will depend on the carried-over bases of the original property.

You can exchange properties numerous times throughout a lifetime or like-kind exchanges while potentially deferring the taxes. The current level allows you for taxes on capital gains. It can potentially be eliminated by holding exchanged real estate until your death.

If you own a replacement property during your death, your heir will inherit the property. This means the property can quickly be sold without capital tax payment.

1031 exchange can be done with family members or any third party. However, there are specific rules late by IRS to prevent the parties from shopping the low basis assets for those with higher value.

Generally, both parties must stay involved and hold the exchange properties for about two to 10 years. But there can be certain exceptions to the rules that will be worth discussing with your financial advisor.

The 1031 exchange also comes in with better flexibility than one will want for making smaller investments in multiple owner scenarios. For instance, tenancy in common interest is undivided, which still will qualify for the deferral on the capital gain taxes.

Extra information about the 1031 exchange

Given the current market phase buying and selling process can be highly complicated. First, the rising interest has made the capital cost a lot more expensive for the buyers.

Besides, the market needs to catch up to the border economy; thus, property pricing does not reflect a significant difference. When coupled with other factors, the rising rate here will result in challenges. Therefore, identifying a reasonable investment within 45 days can be challenging.

Besides, when factoring in the cost of selling the original property and acquiring cost, you need to buy an asset with a higher yield than the one you have recently sold. It is done to replace the cash flow received from the property sale.

Some strategies will be helpful to complete the same.

  • Buy a different asset class that comes with a higher yield.
  • Buy the asset in a market or a location where a higher yield is expected.
  • Buy assets of a different class.
  • Identify the assets or assets that are sold below the market price

Keep in mind all of the strategies will come with their challenges. It is essential to successfully identify and compare the real estate assets to enhance the cash flow and bring in better appreciation that is important for both specific and general real estate experience like property management capability, local market, knowledge, etc.

Managing your state property from a distance can come with many complications and challenges. Keep you back from using opportunities that can help make a successful investment.

Opportunity zone funds

Another strategy that will be helpful for you to defer the capital gain tax is through qualified opportunity zones. The suitable opportunities zone fund is the basis for investment here.

The 2017 Tax Cuts and Job Act created a capable opportunity zone program that attracts incentives for long-term private investment in economically distressed communities.

The program allows for capital gain deferral on the sale of any appreciated asset when the reinvestment gain is made in an opportunities zone fund. There will be no requirement to invest in the 1031 property to defer the income.

In this case, the investor will have 180 days from selling the property or exchanging the appreciated property to invest in the qualified opportunities zone fund.

The fund will then be invested in a suitable opportunity zone. However, there can be complex structures and requirements that taxpayers must follow to get maximum tax benefits.

In contrast, the 1031 exchange is a long-term capital gain on the sale of personal property. It can only be deferred until December 31st, 2026. There will be additional potential benefits that can help eliminate the appreciation or the gain on the opportunity zone.

However, realizing those benefits depends more on meeting specific criteria around original qualifying event dates and the fund’s holding period.

You must consult your financial advisor or tax consultant to know if the property investment will be worth it and if you can use the opportunity correctly. Through proper analysis and research, you can enjoy the benefits and avoid any tax payments for the sale of your investment property.


If you plan to defer taxes on capital gains, then investment in the 1031 exchange will benefit. However, you will want to get the proper support for the same. You can consider trusting Private Capital Investors.

They have a team of experienced specialists who can make the process comfortable. They will understand your specific criteria and then help you know the best strategies to maximize the profit and avoid any payments.

They have got a well-established name in the industry. They will offer you the best services. With their support, investing will be easy, and you can earn good results.

Want to learn more? Get in touch with us today.

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