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1031 Basics

What Does 'Like Kind' Really Mean in a Real Estate Exchange?

Like-kind refers to the nature and character of real property, not to matching property types.

The most common misconception about exchanges is that like-kind means house-for-house. For real estate, like-kind refers to the nature and character of the property rather than its grade, quality or specific use.

That's why qualifying exchanges can include a residential rental into multifamily, a residential rental into commercial, commercial into residential investment property, or investment land into income-producing real estate. The breadth is what makes an exchange a genuine repositioning tool rather than a lateral move.

The requirement that does the real work is purpose. Both the relinquished and the replacement property generally must be real property held for productive use in a trade or business or for investment. Property held primarily for resale, personal-use property and foreign real estate as replacement for U.S. real estate raise issues.

Because purpose is a facts-and-circumstances question, no agent can tell you your property qualifies. Use 'may qualify' language, and let your CPA and qualified intermediary make the determination.

Important: These calculations are for general educational and planning purposes only. They aren't an appraisal, tax calculation, legal opinion, investment recommendation or guarantee of results. Tax basis, depreciation, exchange eligibility and tax consequences can vary substantially based on individual facts. Review your specific situation with your CPA, attorney, qualified intermediary and other appropriate professionals before acting.

Questions about how this applies to your property?