Practice Areas
1031 Exchange
Practice areas

1031 Exchange

New York City 1031 Exchange Tax Lawyers

DL Partners boasts an extensive 1031 exchange tax practice that provides sound legal tax planning, tax advisory, and related legal services. Our 1031 exchange services are designed to help high-net-worth individuals and entities from diverse sectors, including closely-held businesses, real estate investors, corporate executives, and private equity investors.

Our 1031 exchange practice offers comprehensive services that include structuring of 1031 exchanges, advising on tax implications, and the preparation of necessary tax and legal documents.

1031 Exchange Services

Our 1031 exchange tax lawyers specialize in creating strategies to help our clients maximize tax deferrals, protect their investment assets, and facilitate the seamless transition of real estate holdings. Our services include:

Maximizing Tax Deferrals

Our lawyers work with clients to develop strategies that maximize tax deferrals through 1031 exchanges. We utilize various tactics, such as identifying like-kind properties, structuring exchanges, and timing transactions, to ensure tax efficiency.

Protection of Investment Assets

We understand the crucial importance of protecting investment assets. We collaborate closely with our clients to develop plans that safeguard their investment properties from potential liabilities.

Seamless Transition of Real Estate Holdings

Our lawyers devise strategies to ensure the smooth transition of real estate holdings. We work with clients to tailor 1031 exchanges to their specific investment objectives and financial goals.

1031 Exchange Advisory Services

We provide a broad range of 1031 exchange advisory services, including property identification, arrangement for asset management and transition, preparing tax returns related to 1031 exchanges, and advising on complex tax implications.

International 1031 Exchange Services

We represent individual U.S. clients with foreign real estate investments, foreign clients with U.S. properties, or both. Our international 1031 exchange services include:

  1. Advising clients on tax deferral strategies for cross-border 1031 exchanges.
  2. Guiding U.S. clients on issues related to foreign investment properties.
  3. Developing plans to facilitate the seamless transition of U.S. properties owned by foreign clients.

1031 Exchange Litigation Services

Our attorneys are available to represent clients in 1031 exchange litigation. We collaborate with clients to resolve disputes related to tax deferrals, property identification, and other aspects of 1031 exchanges.

At DL Partners, we comprehend that 1031 exchanges can be intricate and potentially stressful. Our experienced lawyers are committed to providing personalized assistance and sound legal advice throughout every stage of the process.

We work with our clients to develop bespoke strategies that meet their unique needs and investment goals. Contact us today to learn more about our 1031 exchange practice and how we can assist you with your tax deferral needs.

We look forward to working with you

Frequently Asked Questios

What is a 1031 exchange?

A 1031 exchange, also known as a like-kind exchange, is a provision in the United States Internal Revenue Code that allows investors to defer paying capital gains taxes on the sale of a property, as long as they reinvest the proceeds in a like-kind property. The primary purpose of a 1031 exchange is to encourage investment in real estate by providing investors with a tax advantage when they sell and reinvest in other qualifying properties. 

Why do I need a 1031 exchange?

A 1031 exchange is beneficial for investors looking to defer capital gains tax, preserve investment capital, diversify their portfolios, or consolidate properties.

What is like-kind property?

Like-kind property refers to real estate assets that are similar in nature, regardless of grade or quality. For example, you can exchange a residential rental property for a commercial building. Properties being exchanged must be used for business or investment purposes.

What is the timeline for a 1031 exchange?

A 1031 exchange has two critical deadlines: the identification period, which is 45 days post-closing of the first property, during which the replacement property must be identified; and the exchange period, which is 180 days post-closing of the first property, within which the exchange must be completed.

How can 1031 exchanges help maximize tax deferrals?

1031 exchanges allow investors to defer capital gains taxes, effectively enabling them to reinvest the money that would have otherwise been paid in taxes, leading to potentially larger investment returns over time.

What is a qualified intermediary?

To facilitate the exchange and ensure compliance with IRS regulations, the investor must work with a qualified intermediary (QI). The QI is an independent third party who holds the proceeds from the sale of the original property and uses them to purchase the replacement property on behalf of the investor.

When should I consider a 1031 exchange?

Consider a 1031 exchange when selling an investment property and planning to reinvest in another similar type of property. However, it’s crucial to seek advice from a tax sound legal or 1031 exchange lawyer to ensure the exchange meets IRS rules.

Can I do a 1031 exchange myself?

While technically possible, it is not recommended to conduct a 1031 exchange without the guidance of a tax professional or 1031 exchange attorney. The process is complex and requires an intimate understanding of the IRS rules and regulations to ensure a successful and legally compliant exchange.

How often should I consider a 1031 exchange?

The frequency of 1031 exchanges depends on your investment strategy and goals. If you regularly buy and sell investment properties, understanding and utilizing 1031 exchanges could be beneficial. Always consult with a tax professional before making such decisions.