What is a Non-Safe Harbor Reverse Construction Exchange?

Section 1031 generally doesn’t allow you to exchange into improvements on land that you already own because you can’t exchange into something that you already have. Thankfully, there’s a creative workaround for this.

Ground Lease Strategy

A ground lease strategy involves creating a new 30+ year ground lease estate on your land. Instead of owning the land, you lease it to your qualified intermediary’s LLC during construction and 1031 exchange into that leasehold, plus the now existing improvements.

This complex type of 1031 exchange requires a team of experts to successfully execute. Be sure to involve your qualified intermediary, your CPA, and your attorney throughout the exchange.

Case Study

A client recently asked: “can I use 1031 exchange proceeds to build rental storage units on my land?”

With proper planning, we explored a leasehold plus construction structure that could open the door to tax deferral while building new income-producing property built to our client’s exact specifications.

The Process

1. Establish the Exchange Accommodation Titleholder (EAT).

2. Create the ground lease and establish a 30+ year leasehold on land you own.

3. Transfer title to the Exchange Accommodation Titleholder (EAT).

4. Provide insurance certificate naming you, the bank (if needed), and the Exchange Accommodation Titleholder (EAT) as insured parties under the liability and property coverage.

5. Construct improvements on the leasehold property.

6. Complete the 1031 exchange into the leasehold plus improvements.

Final Tax Reporting – Close-Out Letter & IRS filing

CPEC1031, LLC issues a final summary letter documenting key dates and utilization of funds. Then, you’ll report the exchange on IRS form 8821 with your tax professional as part of your federal tax return for the year in which the relinquished property is sold.

Find a Qualified Intermediary to Help with Your 1031 Exchange

Find a qualified intermediary near you to help with your next 1031 exchange of real estate. CPEC1031, LLC offers qualified intermediary services to clients throughout the United States. We have more than two decades of experience working on 1031 exchanges. Let us help you through the details of your next 1031 exchange and make sure you are able to get 100% capital gains tax deferral. You can find us at our main offices, which are located in the heart of downtown Minneapolis.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2025 Copyright Jeffrey R. Peterson All Rights Reserved

Do You Have to Buy A Single Replacement Property?

Many people have questions about replacement properties when conducting a 1031 exchange. A common question we get is: “do you have to buy a single replacement property?” In this article, we are going to dive into the details of that question.

Property Identification

In a 1031 exchange, you need to identify in writing your replacement properties within 45 days after the sale of your relinquished property. Many people simply identify a single replacement property, but you’re not limited to just one.

You can absolutely identify multiple replacement properties so long as you abide by one of the three 1031 exchange property identification rules (3 property rule, 200% rule, 95% rule). As long as you are keeping things within the confines of at least one of those rules, and you have made proper identification within the 4 day window, then you can include multiple properties in your exchange.

Contact CPEC1031, LLC for All Your 1031 Exchange Needs

Contact the team at CPEC1031, LLC for all your 1031 exchange needs! We have over two decades of experience working with taxpayers all over the state of Minnesota and across the United States on their like-kind exchanges. Let us guide you through the like-kind exchange process from beginning to end and defer your capital gains taxes along the way. Reach us at our main office, located in Minneapolis, to set up a time to chat with one of our 1031 exchange specialists about the specifics of your next 1031 exchange of investment real estate.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2025 Copyright Jeffrey R. Peterson All Rights Reserved 

Are 1031 Exchanges Complicated?

Many taxpayers are interested in 1031 exchanges but are concerned that they may be too complicated to be worth the trouble. In this article, we are going to talk about why this conception of 1031 exchanges exists, and how we work to “uncomplicated” 1031 exchanges for our clients.

1031 Exchanges Made Simple

Not all 1031 exchanges are exactly the same. There are multiple different types of exchanges (forward, reverse, build-to-suit, etc.) that can vary in complexity based on the characteristics of the properties involved. That being said, the underlying framework of a 1031 exchange is pretty simple. You sell a piece of investment property and then reinvest the sales proceeds into a replacement property of equal or greater value, equity, and debt – all while deferring your capital gains taxes.

A qualified intermediary like CPEC1031, LLC can simplify the 1031 exchange process. Our goal with each and every like-kind exchange is to make the process and simple and smooth as possible for our clients.

Find a Qualified Intermediary for Your 1031 Exchange

Find a qualified intermediary for your next 1031 exchange of real property by reaching out to the team at CPEC1031, LLC. We have been in business for decades and have the skills and expertise needed to bring your like-kind exchange across the finish line. Let us handle the details of your 1031 exchange so you can focus on other things. Contact our team today at our downtown Minneapolis office to learn more about the 1031 exchange process, its benefits, and whether your property is a good candidate.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2025 Copyright Jeffrey R. Peterson All Rights Reserved

1031 Exchanges With Multiple Relinquished Or Replacement Properties

A 1031 exchange allows an individual to sell a property and use the funds from that sale to assist in the purchase of a similar property without needing to pay capital gains taxes on the proceeds received from the sold property. It’s a great way to move from one property to another without incurring a large tax bill, but what happens if you’re not trying to utilize the tax benefit for a one-to-one exchange? In today’s blog, we explore how a 1031 exchange is processed if you’re hoping to relinquish or acquire multiple properties.

1031 Exchanges With Multiple Relinquished Properties

You are well within the tax code to put the proceeds of multiple properties towards the acquisition of a singular property. Perhaps you’re getting older and want to consolidate some of the investments, or you want to retire and move closer to family or warmer weather, and you want to exchange some properties for something closer to your new residence. There are plenty of reasons why someone would want to sell multiple properties and put those funds towards a larger, singular investment.

Of course, it will be a bit trickier to perform a 1031 exchange if you’re trying to move on from multiple properties, but it’s something we’ve done with clients in the past and we’d be happy to help you do the same. The biggest obstacle is the 45- and 180-day required windows for an exchange.

• You have 45 days from closing on your relinquished property to identify your replacement properties.

• You have 180 days from closing of the relinquished property to close on the purchase of the replacement property.

The same standard applies regardless of how many properties are being sold, but it’s important to recognize that the timer begins with the first sale. There are a few tactics you can use in this situation, including negotiating an extended closing with your buyer, or listing your properties at a competitive price to increase your odds of finding a buyer within that window, and we’d be more than happy to help you navigate the process successfully should you be looking to sell multiple properties within a 1031 exchange.

1031 Exchanges With Multiple Replacement Properties

Conversely, you can also sell one property and use the proceeds to fund the acquisition of multiple replacement properties. This may be wise if you’re looking to diversify your investment portfolio, or you’re hoping to capitalize on combined appreciation.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2025 Copyright Jeffrey R. Peterson All Rights Reserved 

How The 1031 Exchange Has Evolved Over 100 Years

The 1031 exchange is a masterful piece of tax strategy that can save savvy investors a lot of money as they buy and sell commercial property. The 1031 exchange that we know today is still being affected by tax code changes, and it’s been evolving for more than 100 years.

The Origin Of The 1031 Exchange

The first form of the 1031 exchange was born out of the passage of the Revenue Act of 1921. The goal of the tax code was to encourage investment and growth in America’s real estate market. The premise of the original 1031 exchange tax code remains largely similar to this day, as it allows for the exchange of one property for another without incurring capital gains or related taxes on the sale of the original property, so long as that money is put towards the purchase of a similar-styled property. This move allowed investors to keep their money in real estate and continue to purchase and develop new properties, which was seen as largely beneficial for citizens, communities and the country as a whole.

Of course, tweaks and updates to the tax code were necessary as the decades rolled on. While minor updates were made along the way, the biggest change came in 1979. That occurred when the 9th US Circuit Court of Appeals provided a ruling in TJ Starker v. United States. This decision effectively placed a five-year timeline on when the exchange needed to be completed to be legal.

Not surprisingly, that timeline was reigned in a bit just a few years later. In 1984, Congress codified 45- and 180-day identification and purchase period windows, and prohibited exchanges wherein a partnership interest exists. Then in 1991, more protections were added. Purchasing funds were allowed to be put in a trust or escrow, and the use of a Qualified Intermediary, which brought a neutral third party into the process to facilitate a safer and smoother sail, was introduced.

Some additional changes we’ve seen in recent years include:

• 2005 - Updates were passed on how rental property converted to a primary residence, and vice versa, were handled in a 1031 exchange.

• 2008 - Added regulations when investing/exchanging vacation/second homes.

• 2017 - Personal property removed from 1031 exchange treatment.

However, the original nature of the law first passed in 1031 remains the same, which is that you can avoid paying capital gains taxes when selling one commercial property and using those funds to purchase a similar like-kind property.

• Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2025 Copyright Jeffrey R. Peterson All Rights Reserved