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Apartment Building
1033 EXCHANGE

Through a transaction called 1033 Exchange, the Internal Revenue Code (IRC) governs the tax consequences when a property is compulsorily or involuntarily converted in whole or in part into cash or other property.

SECTION 1033 EXCHANGE?

Internal Revenue Code Section 1033 governs the tax consequences when a property is compulsorily or involuntarily converted in whole or in part into cash or other property. This is commonly referred to as an "involuntary conversion" since the loss of property is beyond the control of the taxpayer and realize gain because the insurance or condemnation proceeds exceed the owner's tax basis in the property. Section 1033 does not require a Qualified Intermediary (QI). In a Section 1033 Exchange, the taxpayer can receive the sales proceeds and hold them until the replacement property is purchased. If not all the proceeds are used towards acquiring the replacement property, the taxpayer is taxed on the difference. In addition, replacement property cannot be acquired from a related party. 

EVENTS THAT MAY QUALIFY FOR 1033 EXCHANGE

- Casualty

- Condemnation

- Destruction

- Earthquake

- Eminent Domain

- Fire

- Hurricane

- Seizure

- Theft

KEY COMPARISONS

1033 EXCHANGE  VS.  1031 EXCHANGE

Involuntary Sale

Voluntary Sale

Does not require

Accommodator/Qualified Intermediary (QI)

Requires

Accommodator/Qualified Intermediary (QI)

2 to 3 years replacement period

45-day identification and 180-day completion replacement period

Additional debt can offset equity

Additional debt cannot offset equity

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This is for informational purposes only, does not constitute individual investment advice, and should not be relied upon as tax or legal advice. Please consult the appropriate professional regarding your individual circumstance. Because investor situations and objectives vary this information is not intended to indicate suitability for any individual investor.

 

There are material risks associated with investing in DST properties and real estate securities including liquidity, tenant vacancies, general market conditions and competition, lack of operating history, interest rate risks, the risk of new supply coming to market and softening rental rates, general risks of owning/operating commercial and multifamily properties, short term leases associated with multi-family properties, financing risks, potential adverse tax consequences, general economic risks, development risks, long hold periods, and potential loss of the entire investment principal.

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​Risks associated with 1031 exchange- A 1031 exchange has an identification period of 45 days from the sale of the relinquished property to identify a potential replacement property or properties depending on the value of the previous property. To defer all capital gains tax, you must reinvest the entire net proceeds from the sale of the relinquished property into the replacement property and acquire debt on the new property that is equal to or greater than the debt on the property that was just sold and relinquished.

 

Potential cash flows/returns/appreciation are not guaranteed and could be lower than anticipated. Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk.

 

Institutional-grade properties generally refer to a property of sufficient size and stature to merit attention from large national or international investors, and typically have the characteristic of high-quality assets in major markets and at price points beyond the reach of individual investors and smaller partnerships.

 

This site is published for residents of the United States only. Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all of the services referenced on this site are available in every state and through every advisor listed. For additional information, please contact Bart Harrison at 205-533-2052 or email bart@1031legacy.com.

 

Securities offered through Concorde Investment Services, LLC (CIS), member FINRA SIPC. Legacy 1031 is independent of CIS.

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