Building on Land Already Owned by the Taxpayer in a 1031 Exchange

In general, doing a build-to-suit construction exchange on land already owned by the taxpayer is considered swimming upstream and contrary to the general trend. An exchange of real estate owned by a taxpayer for improvements on land owned by the same taxpayer does not meet the requirements of section 1031. Moreover, Rev. Rul. 67-255, 1967-2 C.C. 270, holds that a building constructed on land owned by a taxpayer is not of a like kind to involuntarily converted land of the same taxpayer.

That being said, there is a private letter ruling (PLF-125107-13) that has been used to fashion a work-around to construct improvements on a new leasehold estate (on top of the fee title owned by the taxpayer). This is kind of like four dimensional chess. You’ve got the fee title and then another level called the leasehold estate, on which the constructed improvements will exist.

More Information on 1031 Exchanges

If you’re looking for more information on 1031 exchanges, you’ve come to the right place! At CPEC1031, LLC we have been providing qualified intermediary services to taxpayers for over twenty years. During our time in the industry, we have built up a solid track record of helping our clients achieve capital gains tax deferral under section 1031 of the Internal Revenue Code. If you own investment real property that’s help for investment or business use, you could benefit from section 1031 too. Reach out to our professionals today to learn more about the 1031 exchange.

• 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

Can I do a Partial 1031 Exchange?

Some people don't want to reinvest all of their money into a replacement property because they don't want to be that heavy in real estate or their financial advisor says it's not a good idea to be too concentrated in any one particular type of investment.

Doing a Partial 1031 Exchange

So taxpayers that have very low basis and high gains may entertain the idea of a partial victory or a partial 1031 exchange, knowing upfront that we're not going to defer every penny of tax and they're going to take some of that cash off the table and reinvest it into other non like-kind property to have a greater amount of diversity. In this scenario you can still defer a great amount of gains by acquiring enough of the like kind properties to satisfy their strategic desire to do a partial 1031 exchange.

Delaware Statutory Trust Alternative

Another way to get a lot of diversity in your 1031 exchange is to purchase an interest in Delaware Statutory Trust. DSTs are like a little mini portfolios in which there might be five or six different properties and those properties may be located in different business segments or different geographic segments of the country. So you could get both business and geographic diversity in your replacement property acquisitions by going into a DST. That's another way to break the money up and get a greater amount of diversity so that you don't have all of your eggs in one basket.

• Start Your Exchange: If you have questions about partial 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

Video – Can You Sign a Replacement Property Purchase Agreement Before Closing On Your Relinquished Property?

A lot of people ask: “Can I sign a purchase agreement for my replacement property even before I have closed on my relinquished property?”

The answer is yes. You can go out and lock up a sure thing, put the handcuffs on that seller, and know that you have something to exchange into. In fact, if the seller is not patient and won’t wait for you to dispose of your relinquished property (perhaps because they have other offers), you can do a reverse exchange and have the exchange company form an LLC that becomes the surrogate purchaser and acquires the replacement property in your stead and holds it for your benefit during the exchange period. Ultimately, the answer is yes. Not only can you sign a purchase agreement, but when acting in a reverse exchange through an intermediary you can actually purchase the property first.

Consider Your 1031 Exchange Options

If you are sitting on investment real estate and thinking about selling, consider your 1031 exchange options. A like-kind exchange under section 1031 of the Internal Revenue Code allows US taxpayers to defer their capital gains tax burden on the sale of real property so long as the sales proceeds are reinvested in a new replacement property. Many taxpayers avail themselves of the tax-saving benefits of section 1031 and you can too! Contact the intermediaries at CPEC1031, LLC today to learn more.

• 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

3 Advantages of Section 1031

1031 exchanges can benefit any US taxpayer who owns real estate that qualifies for like-kind exchange treatment. In this article, we are going to discuss a few of the many advantages of utilizing section 1031 of the Internal Revenue Code.

Tax Deferral

The biggest advantage of doing a 1031 exchange is the tax deferral that comes with it. By delaying your instant gratification of receiving net proceeds from the sale, a 1031 exchange allows you to defer your capital gains taxes and compound your wealth over time in a larger replacement property.

Asset Movement

A 1031 exchange also allows you to move real estate assets around into different business sectors or geographic areas. If you’re nearing retirement age and you want to sell a management intensive property (an apartment complex perhaps) and exchange into a more passive investment, a 1031 exchange is a great option.

Continuation of Investment

When you sell an investment property in a straight forward sale you pay a good chunk of change in capital gains taxes. In a 1031 exchange, that money continues to grow over time in a continued replacement property investment. This keeps your hard-earned money working for you.

Take Advantage of the Tax Deferral Offered by Section 1031

If you own investment or business real estate in the United States you can take advantage of the tax deferral offered by section 1031. A like-kind exchange can provide significant tax savings when selling qualifying real estate, so long as you hit certain benchmarks. To make sure you are abiding by all the rules and requirements, it’s important to work with a qualified intermediary who has experience in the 1031 exchange industry. Contact CPEC1031, LLC today for help with your 1031 exchange of 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

Video – Passive, Management-Free Investment Options that You can 1031 Exchange Into

A lot of people are asking about replacement property investments that are more securitized in nature – passive, management-free investments that you can exchange into, not with your real estate agent but with a financial planner. These products are often referred to as DSTs (Delaware Statutory Trusts). These investments are very attractive because they allow you to redeploy all of your equity into a passive, management-free investment that’s designed for wealth preservation and to derive a steady stream of income as you age.

Further, some of these investments have unique features. One has a refinance feature that allows you to extract 85% of your equity 35 days after getting into the DST. This allows you to lock in the tax deferral by acquiring these securities of equivalent value. Then later in a separate transaction, you borrow out 85% of your equity – allowing you access to your excess capital to do other things such as buy other real estate or pay off debt.

Find Out if a 1031 Exchange is Right for You

Find out if a 1031 exchange is right for you by talking with one of the qualified intermediaries at CPEC1031, LLC. Our team of skilled 1031 exchange professionals is available to help you through the entire like-kind exchange process from start to finish. Take the first step in the 1031 exchange process by contacting an intermediary at CPEC1031, LLC. Our office is located in downtown Minneapolis but we work with clients throughout the state of Minnesota as well as the entire country.

• 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