1031 Exchange

Video – Can You Buy a Business with Your 1031 Exchange Funds?

It’s important to remember that 1031 exchanges are limited to solely real estate. It’s also important to remember that partnership interests are excluded from 1031 treatment as is the good will or going concern of a business.

However, there is a situation in which you can buy an interest in a business and have it qualify for 1031 exchange treatment. That’s when you buy out and consolidate to receive 100% of an entity. Let’s say you’re in a partnership with another individual and you buy out all of that individual’s interest in the partnership, consolidating 100% of the entity in your own capacity – making it a sole-proprietorship. In doing so, you’re deemed to have purchased out the underlying real estate that’s allocable to that other person’s interest in the entity. This comes from revenue rule 99-6. It’s a great way to buy out and consolidate and LLC in one person’s name. It’s also a great way to use up your 1031 exchange funds to buy up a property that you’re already familiar with.

Get Started with the 1031 Exchange Process

Begin your 1031 exchange today by contacting a qualified intermediary at CPEC1031, LLC. With over twenty years of experience, we are well-suited to handle all of the details surrounding your 1031 exchange of investment real estate. We’ve helped many taxpayers throughout the United States with their like-kind exchanges and we can help you with yours. Contact us today to learn more about our numerous service offerings and see how we can help you with your next 1031 exchange. Our team can help you with any type of exchange in any locale throughout the 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

 

1031 Exchange Tips for Beginners

Section 1031 of the Internal Revenue Code can be used by any US taxpayer – from beginners to seasoned professionals. 1031 exchanges may sound easy on paper, but they can get complicated quickly. In this article, we are going to offer up a few 1031 exchange tips for beginners.

Make Sure Your Property Qualifies for 1031 Exchange

Before you do anything else, you need to make sure your property even qualifies for 1031 exchange treatment. First, your property needs to be real estate. Items of personal property are not allowed to be used in a 1031 exchange. Second, you need to make sure you are holding your property for investment or business purposes. Real property held for personal purposes, such as your primary residence, cannot be used in a 1031 exchange.

Don’t Miss Your 1031 Exchange Deadlines

You also need to know that 1031 exchanges are governed by strict time deadlines. Once you begin your exchange, you have just 180 days to complete the process. The first 45 of those days are known as your “identification period.” During that 45-day period you must give written identification of your replacement properties. These are hard deadlines that can only be amended in the rarest of occasions.

Start Your Like-Kind Exchange of Investment Real Estate

Contact CPEC1031, LLC today to start your like-kind exchange of investment real estate. Our skilled intermediaries have more than twenty years of experience facilitating exchanges under section 1031 of the Internal Revenue Code. We can help you through all the stages of your 1031 transaction, answering all of your questions and making sure you understand all the requirements along the way. Reach out to us today at our downtown Minneapolis office to learn more about our services and get started on your next 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

 

Video – RSVP for a 1031 Exchange Workshop in Rochester, MN

Jeff Peterson here with an important update. We’re putting on a workshop on 1031 exchanges live and in person in Rochester, MN on April 24 at the Rochester Area Foundation. Space is limited and this course is approved for two hours of Continuing Education Credit for real estate agents. It’s going to be a really neat event and we hope to see you there!

  • When: Thursday, April 24, 2025, 9:30AM - 11:30AM (9:00 AM - Check in & Networking)

  • Where: 12 Elton Hills Dr NW, Rochester, MN 55901-3538

Secure your spot by RSVPing at the link below:

RSVP Now
  • 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 a 1031 Exchange can Keep Your Money Working For You

A 1031 exchange can help keep your money working for you in a continuation of your investment, thus compounding and building your wealth over time. But how exactly does that work?

Keep Your Money Working For You

When you sell investment real estate in a typical, straightforward sale, you are responsible for paying capital gains taxes on the net proceeds you receive. Depending on the size and value of your property, this can add up to a sizeable tax bill which may even make you question whether or not you want to sell your property at all.

Thankfully, there is an alternative option – a 1031 exchange. In a 1031 exchange (aka like-kind exchange), you can defer your capital gains tax burden when selling real estate that qualifies. The catch is you have to reinvest your net proceeds into a replacement property, rather than pocketing the proceeds. The benefits of this are many. You get to defer a potentially huge tax bill when selling your property and you can keep your money working for you in a continued investment.

Get Help with Your Next Like-Kind Exchange

Get the help you need with your next like-kind exchange of investment real estate. CPEC1031, LLC is here to help you through all the aspects of your next 1031 exchange, from beginning to end. Our team of qualified intermediaries can guide you through the like-kind exchange process and ensure you are well prepared when it comes time to close on your property. Let us put our 20+ years of experience to work for you on your next 1031 exchange. Contact us 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

How Long After an Exchange can a Spouse Gift a Replacement Property to Their Spouse?

How long after an exchange can a spouse transfer a replacement property (acquired to complete a 1031 exchange) to their spouse? Ideally, you want to wait 24 months after completing the exchange. The title-holding spouse completing the 1031 exchange must “intend” to hold the replacement property for investment or business purposes rather than for a gratuitous (gifting) purposes.

26 USC 1041 - Transfers of Property Between Spouses – allows for tax-free transfers of property between married spouses, so it will not cause a gain.

The core issue is about “holding for investment and business purposes” after completing the exchange, and “continuity of investment.” Generally, a taxpayer's intent regarding the property acquired in an exchange has to be to keep the property acquired, and intend to do so with an investment purpose. Regals Realty Co. v. Commissioner, 127 F.2d 931, 933-34 (2d Cir. 1942).  The safe answer is the longer it is held for the qualified use…the better. In IRS Rev. Proc.  2008-16, The Service looks at two 12-month periods to determine if a property is held for a qualified purpose.

The IRS and federal courts may examine all of the facts and circumstances surrounding the transaction to determine the taxpayer's true intent at the time of the exchange. See Reesink v. Commissioner, No. 2475-10, 2012 Tax Ct. Memo, at 1 (T.C. Apr. 23, 2012). See also Goolsby v. Comm’r, T.C. Memo 2010-64 (T.C. 2010). See also Danielson v. Comm’r of Revenue, 2013 Minn. Tax, 2013. See also Johnson v. Comm’r of Revenue, 2014 Minn. Tax, 2014.

Reach out to CPEC1031, LLC Today

Reach out to the professionals at CPEC1031, LLC today to discuss the specific details of your next like-kind exchange of real estate. Our team of qualified intermediaries can guide you through the entire process of your 1031 exchange, from the sale of your relinquished property to the acquisition of your replacement property. We have over two decades of experience working with owners of investment real estate who want to defer their capital gains taxes and keep their money working for them. Contact us 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