Section 1031 Exchanges For Real Estate Investors and Professionals

Most owners of real property wish to preserve the value of their investments, and many accomplish that goal by exchanging properties under section 1031 of the Internal Revenue Code. Although many property owners and their advisors have heard of section 1031, they may not be aware of all the nuances of section 1031. This book details the benefits of section 1031 and illustrates its application to typical and complex transactions.

Using practical examples, the book demonstrates how taxes paid on the disposition of real property can erode a property owner's net worth and how doing a section 1031 exchange can prevent that erosion. The book describes several types of exchanges, including multi-party exchanges, deferred exchanges, reverse exchanges, improvements exchanges, and drop-and-swaps, and leads readers through each of those exchange structures with real-world examples and diagrams. The book also discusses related-party exchanges, exchanges of mixed-use property (i.e., property held for both business and personal use), and factors that may affect an investor's decision to acquire a DST, TIC interest, or triple-net property as replacement property.

Bradley T. Borden is a Professor of Law at Brooklyn Law School and principal at Bradley T. Borden PLLC. He advises clients on various aspects of section 1031, often serves as expert witness, publishes extensively on tax topics related to section 1031, and is a frequent speaker at tax conferences throughout the country. He lives with his wife in Brooklyn, New York.