In the ever-evolving world of real estate investments and building lasting wealth, seasoned investors continue to explore and find strategies that maximize returns while minimizing tax liabilities. One of the most powerful tools in this pursuit is obviously the 1031 exchange, a provision within the Internal Revenue Code that permits investors to defer capital gains taxes when transitioning from one property to another. This comprehensive guide aims to shed light on the intricate process of conducting a 1031 exchange between states, offering detailed insights and strategies to empower you as a knowledgeable investor.

Understanding the Core Concepts

Before delving into the nuances of executing a 1031 exchange between states, it is crucial to grasp the fundamental principles of this tax-saving strategy.

Eligibility Criteria:

  • Properties involved must be held for investment, trade, or business purposes to qualify for a 1031 exchange.
  • The properties being exchanged must be of like-kind, meaning they share the same nature or character.

The 45-Day Identification Period:

  • After selling the relinquished property (the property you’re selling), you have a mere 45 days to identify potential replacement properties.
  • You can identify up to three properties without restrictions, or more if they meet certain valuation requirements.

The 180-Day Exchange Period:

  • Following the sale of the relinquished property, you have a total of 180 days to complete the purchase of the replacement property.


Now, let’s delve into the comprehensive steps involved in successfully executing a 1031 exchange between states.

Step 1: Engaging a Qualified Intermediary (QI)

The cornerstone of any 1031 exchange is a Qualified Intermediary (QI). This neutral third party assumes a pivotal role in facilitating the exchange process and ensuring strict adherence to IRS regulations. The QI holds the proceeds from the sale of your relinquished property and disburses them for the acquisition of the replacement property. Choosing a reputable QI is paramount to a seamless exchange. You must utilize a QI in your exchange or else you will lose the ability to defer your taxes.

Step 2: Identifying Replacement Properties

During the 45-day identification period, meticulous selection of potential replacement properties is essential. This decision carries substantial weight and can significantly impact the success of your exchange. Document your choices in writing and provide the list to your QI within the stipulated time frame. Here at Millcreek Commercial, we pride ourselves in always having premium replacement properties ready for your immediate identification, all over the country. View our inventory here. 

Step 3: Acquiring the Replacement Property

Within the 180-day exchange period, it is imperative to successfully complete the purchase of your chosen replacement property. Collaborate closely with your QI, real estate agents, attorneys, and other professionals to ensure a smooth and efficient transaction. Click here to meet with our experienced real estate team.

Step 4: Navigating State Regulations and Compliance

Conducting a 1031 exchange between states demands a thorough understanding of, and strict adherence to, the specific regulations and tax laws of each state involved. Different states may have additional requirements or distinct rules governing property transactions. Seek guidance from local tax experts to navigate these nuanced regulations effectively.

State Taxes: Be aware of any state-specific taxes that may apply to your exchange. Some states impose transfer taxes, recording fees, or other charges that can impact your transaction costs.

Residency Requirements: Certain states may have residency or presence requirements for tax purposes. It’s essential to ensure that you comply with these rules to avoid potential complications.

State Forms and Filings: Each state may have its own forms and filing requirements for real estate transactions. Familiarize yourself with these and ensure that all necessary documentation is completed accurately and submitted on time.

Local Real Estate Practices: State-specific practices related to property inspections, appraisals, and title searches can vary. Work with local professionals who understand these nuances to streamline your exchange.

Step 5: Reporting to the IRS

Despite the primary benefit of deferring capital gains taxes, it is crucial to report your 1031 exchange to the IRS. This is accomplished by filing Form 8824 along with your tax return. Thorough record-keeping of all transactions related to the exchange is essential to ensure compliance.


Mastering the complexities of a 1031 exchange between states can be a game-changing strategy for real estate investors. By meticulously following the comprehensive steps outlined in this guide and staying well-informed about state-specific regulations, you can navigate this intricate process with confidence.

For those seeking further in-depth information on this topic, we are pleased to offer an on-demand webinar, recorded in collaboration with 1031 Exchange Connection. This webinar provides valuable insights, expert perspectives, and practical knowledge on 1031 exchanges among different states. It serves as an excellent resource to deepen your understanding of this powerful tax-deferral strategy and its potential benefits for your real estate portfolio. Access our recorded webinar on our website here to continue advancing your expertise in real estate investing and tax planning.

Call us for more information on 1031 exchanges and our current real estate offerings: 385.248.0613