1031 Flow Explained: FAQs

Here are some common questions we often hear about 1031 flows.

What Qualifies as a “Like-Kind” Property?

According to the IRS, like-kind properties are those used for similar investment or business purposes, regardless of their specific type or condition. In a 1031 flow, both the property you’re selling and the one you’re buying must be held for investment or business use, such as rental homes, vacant land, or commercial real estate.

They don’t need to be identical in zoning or category—for example, exchanging land for a rental property is allowed. The important factor is that both properties are for investment, not personal use.
Keep in mind, personal homes and properties intended for quick resale typically don’t qualify. It’s recommended to own the property for at least a year before initiating a 1031 flow.

How much time do I have to complete a 1031 flow?

1031 flows are time-sensitive. From your sale’s closing, you get 45 days to pick replacement properties and 180 days to close. Missing these deadlines cancels the flow.

Do 1031 Flows eliminate taxes?

With a 1031 flow, taxes are put off, not forgiven. When you sell, you defer taxes, but selling the new property without another flow triggers the tax bill. Keep reinvesting through flows, and you could delay taxes indefinitely.

What is the function of a QI in a property flow?

A Qualified Intermediary (QI) plays a key role in a 1031 property flow by facilitating the transaction in a way that
complies with IRS rules. The QI holds the proceeds from the sale of the original property and uses them to purchase the replacement property on behalf of the investor. This ensures that the investor never takes direct control of the funds, which is crucial for maintaining the tax-deferred status of the flow.

Tips for Selecting a Qualified Intermediary

Look for a QI with a proven track record, proper fund security practices, and excellent client support. Avoid anyone who can’t clearly explain the process or timeline.

Who Is Not Allowed to Be a Qualified Intermediary?

You can’t use anyone with a close personal or business relationship as your QI. That includes your CPA, attorney, or real estate agent if they’ve represented you in the last two years.

What Types of Property Are Allowed in a 1031 Flow?

Rental homes, commercial buildings, land, or other investment properties typically qualify—as long as they’re not used primarily for personal purposes.

Can I Swap a Property Abroad for One in the United States Under 1031 Rules?

No, you cannot. Under IRS rules, 1031 flows must be between properties located within the United States.

A property held outside the U.S. is not considered “like-kind” to U.S. real estate for 1031 purposes, so you cannot trade foreign property for domestic property—or vice versa—using this tax-deferral strategy.

Can I close on the replacement property before selling my current investment?

Yes, through a reverse 1031 flow. This lets you buy first and sell later, but the process is stricter, and you’ll need a
special entity to temporarily hold the new property so you don’t violate IRS rules. Sell it. However, during this time, the IRS requires that you do not hold title to both properties simultaneously.

How does capital gains tax affect my property sale?

When you sell an investment property for more than you bought it, the profit is considered a capital gain. That gain is taxed by the IRS—unless you defer it using tools like a 1031 flow.

Is there a limit to how many times I can use a 1031 flow?

No, you can use a 1031 flow as many times as you want. Each time you reinvest in a like-kind property, you defer your capital gains taxes.

If you need additional information or want to get started with your 1031 flow, give us a call at 305-707-0676 or schedule a complimentary consultation. Alternatively, you can initiate your flow online right now!