1031 QualEx

The Tax Side

Capital gains taxes on real estate

Capital gains tax is the tax on the profit from selling an appreciated asset: the difference between what you paid (adjusted for depreciation and improvements) and what you sold for. For most real estate investors, long-term gains are taxed at 15% or 20%. A 1031 exchange defers that bill.

How your gain is calculated

Your taxable gain is roughly your sale price minus selling costs minus your adjusted cost basis. The adjusted basis starts at your purchase price, rises with capital improvements, and (this is the part that surprises people) falls with every year of depreciation you claimed. A rental owned for fifteen years can carry a large gain even if the market price barely moved, because depreciation quietly lowered the basis the whole time.

Wade Wright on the capital gains surprise most sellers don't see coming.

Long-term vs. short-term rates

Hold a property for more than one year and the gain is long-term; hold it one year or less and the gain is short-term, taxed as ordinary income. Long-term rates depend on your income; 15-20% for most real estate investors.

TaxApplies toRate
Long-term capital gainsProperty held more than one year0% / 15% / 20%
Short-term capital gainsProperty held one year or less, taxed as ordinary incomeUp to 37%
Depreciation recaptureDepreciation claimed during ownership, on top of the capital gains rateUp to 25%

Short-term gains are also not the target of a 1031 exchange strategy; the deferral shines on long-held, well-appreciated property. More on the long-term vs. short-term comparison.

What a 1031 exchange changes

Through a 1031 exchange, the tax on your gain (capital gains and depreciation recapture alike) is deferred, and the entire proceeds reinvest into replacement property, compounding in the new property.

Deferred: not forgiven, but powerful

The deferred gain carries into your new property’s basis, and exchanges can be repeated indefinitely as you trade up. Held to death, heirs currently receive a stepped-up basis, the strategy investors call “swap till you drop.”

Talk through your exchange before you close.

A ten-minute call is usually enough to know whether a 1031 exchange fits your sale. No cost, no obligation.