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1031 Exchange Advisory

The Complete EGX
1031 Exchange Guide

A clear walkthrough of the 1031 deferral mechanic. Identification rules, exchange structures, asset-class and geographic replacement, step-up basis, and an interactive timeline calculator, written for investors weighing whether to roll appreciated equity forward or pay the tax.

Overview

Deferring Capital Gains Through A
1031 Exchange

A 1031 exchange defers 100% of capital gains tax when proceeds from one investment property are reinvested into another like-kind property. Properly structured, it preserves capital, compounds returns over multiple cycles, and through inheritance eliminates the deferred gain entirely under a step-up in basis.

The mechanics are unforgiving. 45 days to identify the replacement. 180 days to close. A qualified intermediary must hold proceeds. Miss a deadline and the IRS treats the transaction as a sale. EGX coordinates strategy alongside qualified intermediaries, tax counsel, and securities counsel on every engagement.

Core Definitions
Term 01
Relinquished Property
The property sold. Must be held for investment or business use. Primary residences, personal-use property, and inventory do not qualify.
Term 02
Like-Kind Property
The IRS standard for replacement property. For real estate the standard is broad: investment real estate is generally like-kind to other investment real estate, regardless of asset class.
Term 03
Replacement Property
What is acquired. Must be identified within 45 days of selling the relinquished property and closed within 180 days. No timeline extensions absent disaster relief.
Case Study

$1M Basis → $3M Sale
The Real Math

An investor purchased a property for $1M in the early 2000s. Twenty-five years later it appraises at $3M. A direct sale triggers a stack of taxes against the $2M gain plus depreciation recapture. An EGX-sourced 1031 exchange defers the entire stack and lifts forward yield.

Relinquished · Multi-Family
EXCHANGE INTO
Replacement · NNN
Replacement · STR
Direct Sale (No Exchange)
Capital Gains On Sale Of $3M Asset
Federal Long-Term Capital Gains
20%
-$400,000
Net Investment Income Tax
3.8%
-$76,000
California State Income Tax
13.3%
-$266,000
Depreciation Recapture
25%
-$227,000
Total Tax Owed
Approximately 48% effective rate on the $2M gain
-$969,000
Existing Annual NOI
$3M at 4.5% cap (CA avg)
$135K/yr
With §1031 Exchange
Capital Gains On Sale Of $3M Investment
Federal Long-Term Capital Gains
20%
-$400,000
$0
Net Investment Income Tax
3.8%
-$76,000
$0
California State Income Tax
13.3%
-$266,000
$0
Depreciation Recapture
25%
-$227,000
$0
Total Tax Owed
Deferred via §1031 rollover
-$969,000
$0
Total Tax Deferred
$969,000
Replacement EGX Properties
$3M reinvested @ 8%+ cap
$240K/yr
+78% · +$105K/yr
Disclosure

Every investor's capital gains exposure differs. Actual tax owed depends on basis, accumulated depreciation, holding entity, state of residence, filing status, AMT exposure, and prior-year carryforwards. Illustrative numbers above assume a top-bracket California resident on a $1M basis / $3M sale; individual circumstances will shift the math up or down. EGX coordinates with the investor's CPA to model the actual exchange before any structure is committed. Cap rate comparison reflects observed CA market averages versus EGX-sourced opportunities; specific deal economics are confidential and disclosed under NDA.

Timeline Calculator

Calculate Your
45 & 180-Day Deadlines

Enter your projected or actual close date on the relinquished property. EGX returns your identification and exchange deadlines instantly.

Output is illustrative only. Verify all deadlines with your qualified intermediary and CPA. The 180-day window may be shortened if the federal tax filing deadline (with extensions) for the year of sale falls earlier. This calculator does not constitute legal or tax advice.
The 1031 Timeline
EGX Investments
IRC §1031
⚠ IMPORTANTEngage your real estate agentand tax planner BEFORE listing.Strategy must precede the sale.EGX coordinates the full stack.IDENTIFICATIONReplacement property must beidentified in writing within 45 days.Up to three properties underthe standard rule.CLOSING DEADLINEReplacement property closes by180 days or tax-return due date.Whichever is earlier.!DAY 0SALE OFRELINQUISHED PROPERTY45DAYS · IDENTIFY90135180DAYS · CLOSE1031 EXCHANGE TIMELINE

The 45-day clock starts the day escrow closes on the relinquished property. Identification must be in writing, signed, and delivered to the qualified intermediary. The 180-day window runs concurrently. There are no 45 + 180 days, only 180 days total. EGX coordinates this sequencing alongside the QI and CPA before the relinquished property lists.

Identification Rules

The Three Rules
Of Exchanging

Within the 45-day identification window, the IRS provides three rules for identifying replacement property. One must be satisfied - not all three - for the exchange to remain valid. The chosen rule dictates how many properties may be identified and how their values are tested.

Rule 01
3 · Properties · Any Value
Three-Property Rule
Identify up to three replacement properties, regardless of combined fair market value. No valuation test applies.
EGX Note
The default path. Most sellers identify three to preserve optionality. Acquire any one, two, or all three within the 180-day window. Cleanest documentation, lowest execution risk.
Rule 02
200% · Of Relinquished Sale Price
Two-Hundred Percent Rule
Identify any number of replacement properties, provided the combined fair market value does not exceed 200% of the relinquished property sale price.
EGX Note
The path for diversification. Used when a single relinquished property funds multiple smaller positions across markets or asset classes. Common for portfolio-building exchanges.
Rule 03
95% · Acquisition Floor
Ninety-Five Percent Rule
Identify any number of properties at any total value - but actually acquire properties representing at least 95% of the total identified value.
EGX Note
The fallback. Rarely used. The 95% acquisition floor is unforgiving - falling short disqualifies the entire exchange. Reserved for sophisticated multi-property exchanges with committed pipeline.

Identification must be in writing, signed, and delivered to the qualified intermediary by midnight of day 45. Verbal identifications and email-only references do not satisfy the rule. EGX coordinates identification documentation with the QI to ensure compliance.

Exchange Structures

Four Types
Of Exchanges

The right structure depends on timing, financing, and the relationship between the relinquished and replacement properties. EGX evaluates the optimal path before engagement and coordinates the QI accordingly.

01
Delayed Exchange
The most common structure. Sell first, then identify and close on replacement within 180 days. Suits investors with straightforward timing and replacement criteria.
02
Reverse Exchange
Acquire the replacement property before selling the relinquished asset. Used when the target property cannot wait or favorable acquisition terms require speed.
03
Improvement (Construction) Exchange
Use exchange proceeds to fund construction or improvements on the replacement property. EGX integrates modular construction to compress timelines and contain cost.
04
Build-To-Suit Exchange
Customized replacement construction within the 180-day window. Coordinated through an Exchange Accommodation Titleholder (EAT) under safe-harbor structures.
Diversification

Wide-Latitude Replacement
Across Asset Class & Geography

The §1031 like-kind rule is wider than most operators assume. Exit a single asset, enter multiple replacements across both asset class and U.S. geography inside one rollover. Tax deferred, basis preserved.

01
By Asset Class
01Residential Income
02Multifamily
03Industrial
04NNN Retail
05STR / Airbnb
06Raw Land
07Office / Medical
08Mixed-Use
09Hospitality
And more. Any U.S. real property held for investment or productive use qualifies. Personal residences excluded.
02
By Geography

Replacement property qualifies in all 50 U.S. states. Roll a single-asset position into a multi-market stack across regions inside one rollover.

03
Illustrative
One multifamily in, two replacements out.
RelinquishedMultifamilyCALIFORNIA
ReplacementNNN CommercialTEXAS
ReplacementSTR · AirbnbLAS VEGAS

Like-kind scope. Replacement must be U.S. real property held for investment or productive use. Personal residences excluded. Reverse, delayed, and build-to-suit structures available. EGX coordinates QI + sourcing. Illustrative composition; not investment advice.

Key Benefits

What A Properly Structured 1031
Actually Delivers

100% Capital Gains Deferral
Defer federal long-term capital gains, NIIT, state income tax, and depreciation recapture across the entire $2M-plus appreciated stack.
Higher Forward Yield
Reposition into EGX-sourced replacement opportunities at cap rates above the California market average. Meaningful annual income lift on the same equity.
Asset-Class Diversification
Exit a single-asset position and enter multiple replacement properties across NNN retail, multifamily, hospitality, STR, and modular development.
Unit-Count Diversification
Concentrated single-property risk replaced with multiple units across geographies. Vacancy, tenant default, and local market exposure spread across the basis.
Reset Debt Structure
Exchange cycles align with capital markets. Refinance into longer terms, lower coupons, or stronger amortization profiles measurably increasing cash-on-cash returns.
Step-Up In Basis At Transfer
Heirs receive replacement property at fair market value. Deferred gain accumulated across multiple 1031 cycles is eliminated entirely under a full step-up in basis.
Estate Planning Efficiency
Properly structured with a living trust, this is the most efficient lifetime tax outcome available in U.S. real estate.
Cross-Border Capital Optionality
Asia Pacific investor relationships and Reg D structures available for foreign principals repositioning U.S. holdings.
EGX Replacement Pipeline
Direct access to EGX-sourced replacement properties across NNN, multifamily, hospitality, and modular development. On-market and off-market opportunities sized to exchange equity.
Full Step-Up In Basis

Compounded Deferral
Eliminated At Transfer

Heirs receive replacement property at fair market value under a full step-up in basis. Every dollar of tax deferred across multiple 1031 cycles is wiped out at transfer. Properly structured with a living trust, this is the most efficient lifetime tax outcome in U.S. real estate.

At Transfer
$0
Capital Gains Tax
Federal capital gains, depreciation recapture, and state tax on the entire deferred stack, eliminated.
To Heirs
100%
Step-Up In Basis
Property received at fair market value. No deferred liability inherited, no tax on a lifetime of compounded gain.
Role & Compliance
EGX Provides
  • Replacement property sourcing
  • Sponsor-side underwriting
  • Deal structuring & capital coordination
  • Brokerage representation
EGX Coordinates With
  • Qualified Intermediary (QI)
  • CPA / tax preparer
  • Tax & legal counsel
  • Lender / bank
EGX Does Not Provide
  • Tax advice
  • Legal advice
  • Qualified Intermediary services
  • Escrow services

Educational only. Not tax, legal, or investment advice. Engage your qualified intermediary, CPA, and counsel before initiating an exchange. Brokerage services through eXp Commercial.

Frequently Asked

Frequently Asked Questions
FAQ

What qualifies as like-kind real estate?
For real estate, "like-kind" is broad. An office building exchanges for a multifamily asset, raw land for a retail center, even a fee simple interest for a Delaware Statutory Trust (DST) interest. EGX coordinates with tax counsel to confirm qualification on every engagement.
What if I miss the 45-day or 180-day deadline?
Missing either deadline disqualifies the exchange and triggers a taxable sale. Both deadlines run from the closing date of the relinquished property and there are no extensions absent disaster relief. EGX builds float into every engagement and pre-identifies replacement candidates before sale.
Can I use 1031 proceeds to fund construction?
Yes - through an Improvement Exchange or Build-To-Suit structure. Proceeds are held by an Exchange Accommodation Titleholder (EAT) and applied to construction during the 180-day window. EGX uses modular construction to compress build timelines within the safe harbor.
Does EGX serve as the qualified intermediary?
No. EGX is the broker and sponsor side of the transaction. Qualified intermediary services are provided by independent third parties EGX coordinates with on every engagement. Separation of roles preserves the safe harbor.
Can a California seller exchange into out-of-state property?
Yes. The IRS allows exchanges into any U.S. real property regardless of state. California, however, has a clawback rule: gain deferred on California property remains California-source income and is taxable to California when ultimately recognized - even if the property is no longer in California. EGX models this in every cross-state engagement.
How does cross-border 1031 work for foreign investors?
Foreign investors disposing of U.S. real property face FIRPTA withholding plus capital gains tax on disposition. A 1031 exchange can defer the gains piece subject to specific structure. EGX coordinates with cross-border tax counsel on every cross-border engagement.
What is a 1033 exchange?
A 1033 exchange applies when property is involuntarily converted (eminent domain, destruction, condemnation, theft). The replacement window extends to two years from year-end of conversion, with possible extensions. The like-kind standard is replaced by a "similar or related-in-service-or-use" standard. No qualified intermediary required.
What is boot in a 1031 exchange?
Boot is anything you receive in the exchange that is not like-kind real property, and it is taxable up to the amount of your gain. It takes two forms. Cash boot is sale proceeds you do not reinvest, including cash pulled out at closing. Mortgage boot is debt relief: if the relinquished property carried $1M of debt and the replacement carries $700K, the $300K reduction is boot even though no cash changed hands. Boot does not void the exchange. It makes the exchange partial, and you pay tax on the boot while deferring the rest.
Do I have to reinvest all of the proceeds to defer the full gain?
Yes, on both value and debt. Full deferral generally requires buying replacement property of equal or greater value, reinvesting all net proceeds through the qualified intermediary, and replacing the debt that was paid off, either with new financing or with additional cash. Fall short on either and the shortfall becomes boot. This is the single most common way an otherwise clean exchange ends up partly taxable, which is why EGX models the replacement debt structure before the relinquished property goes under contract.
Can I 1031 exchange into a short-term rental or Airbnb property?
Yes, when the property is genuinely held for investment rather than personal use. The IRS safe harbor for a dwelling unit generally looks for the property to be rented at fair market value for at least 14 days in each of the two 12-month periods after the exchange, with personal use held under 14 days or 10 percent of the days rented, whichever is greater. A vacation home used mostly by the owner does not qualify. EGX underwrites short-term rental replacement property against those thresholds, not just against projected revenue.
What does a 1031 exchange cost?
The qualified intermediary fee is the only cost unique to the exchange, and it typically runs a few thousand dollars for a standard delayed exchange, more for a reverse or improvement structure that requires an Exchange Accommodation Titleholder. Everything else is ordinary transaction cost you would pay on any sale and purchase: brokerage commission, escrow, title, and lender fees. Against a deferred tax bill that often runs into the hundreds of thousands, the exchange cost is rarely the deciding variable.
Does EGX handle 1031 exchanges in the San Gabriel Valley and greater Los Angeles?
Yes. EGX is headquartered in San Marino and works throughout the San Gabriel Valley, including Pasadena, Arcadia, Monterey Park, Altadena, and Sierra Madre, alongside the wider Los Angeles County market. Replacement property is not limited to the region. EGX has closed in all 50 states and regularly moves California sellers into out-of-state assets where the yield is better, subject to the California clawback rule described above.

FAQ content is general guidance, not tax or legal advice. Consult qualified counsel on every transaction.

Exchange Inquiry
Considering A
1031 Exchange?

Walk through the relinquished asset, basis, timing, and replacement criteria with the EGX team. You get a real answer.

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