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  • Writer's pictureStuart Dobson

What are the Alternatives if I Can’t Execute a 1031 Exchange?

There are a few alternatives to a 1031 exchange that you might consider if you are unable to execute one. One option is to sell the property and pay the capital gains taxes on the sale. Depending on your tax bracket and the amount of gain realized on the sale, this may or may not be the most favorable option.

Another option is to hold onto the property and use it as a rental property. This can provide a source of passive income and may allow you to defer payment of the capital gains taxes until you eventually sell the property.

You could also consider selling the property and using the proceeds to purchase a different type of investment, such as stocks or bonds. This would not allow you to defer the payment of capital gains taxes, but it could potentially provide other benefits, such as the opportunity for growth or diversification of your investment portfolio.

You could consider giving the property to a family member or charitable organization. This would allow you to avoid paying capital gains taxes on the sale, but it would also mean that you would no longer have the property as an investment. It's important to carefully consider the potential consequences of this option before proceeding.

You can also consider a Delaware Statutory Trust (“DST”).

A Delaware Statutory Trust (DST) is a type of trust that is often used in connection with 1031 exchanges as a way to hold the replacement property. A DST is a trust that is formed under the laws of the state of Delaware and that is designed to hold real estate for the benefit of its investors.

One advantage of using a DST in a 1031 exchange is that it can provide a convenient way to hold the replacement property until the exchange is complete. This can be particularly useful if you are unable to identify a suitable replacement property within the time frame allowed by the IRS for a like-kind exchange.

Another advantage of a DST is that it allows you to hold the replacement property as part of a group of investors, rather than individually. This can provide benefits such as shared expenses and professional management of the property.

It's important to note that while a DST can be a useful tool in connection with a 1031 exchange, it is not a substitute for a like-kind exchange. In order to qualify for tax-deferral treatment, the exchange must still meet all of the requirements for a 1031 exchange, including the use of a qualified intermediary and the requirement that the replacement property be used for business or investment purposes.

If you’re considering your options and want to bounce some ideas off of us, feel free to reach out. We’ve helped many investors complete 1031 exchanges in Colorado. We’ve also worked with investors who are looking to sell their property in Colorado and replace it with a property outside the state.

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