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1031 Exchange for New Construction Explained

With careful planning and expert guidance, savvy investors can use a 1031 Exchange to defer their capital gains taxes despite purchasing new construction. While IRS guidelines forbid using funds from an exchange for building projects, this creative maneuver allows investors significant flexibility in directing assets towards various investments, even up to double the value of the original property with the 1031 exchange 200% rule! Let’s take a closer look at 1031 exchange for new construction and why they could benefit your investments. 

new construction 1031 exchange

Can 1031 Exchange Funds Be Used For New Construction?

Yes, 1031 Exchange Funds can be used for new construction. However, many restrictions need to be considered before embarking on this strategy.

Generally speaking, the IRS stipulates that the new construction must be “substantially in place” and existing for investment or business purposes within 180 days of the property transfer in the 1031 exchange. The funds must also be held in a Qualified Intermediary account until they are ready to be used for the new construction project.

It’s important to consider all these factors and keep detailed records throughout the process, as any misstep could have serious tax implications.

1031 exchange new construction

How Does a Construction 1031 Exchange Work?

The process of a construction 1031 exchange is fairly simple, but it must be handled with precision.

If the property investor is looking to defer capital gains taxes, they must hire an experienced Qualified Intermediary (QI) who can properly facilitate the exchange under IRS guidelines.

From there, the exchange must be completed according to the following timeline:

– The investor must identify a “replacement property” within 45 days of selling their original property.

– The investor must complete the purchase of the new construction project within 180 days.

– The funds used for purchasing the new construction must be kept in a Qualified Intermediary account until they are ready to be used for the new construction project.

– The investor can then complete the exchange and defer their capital gains taxes by reinvesting all of the proceeds from the sale into the acquisition of the replacement property.

It’s important to cover all your bases when engaging in a 1031 exchange for new construction and ensure that you follow IRS regulations. With thorough planning and expert guidance, investors can take advantage of this powerful investment strategy while deferring capital gains taxes.

can 1031 exchange be used for new construction

Forward/Reverse Construction 1031 Exchanges

In addition to traditional 1031 exchanges for new construction, investors may consider forward or reverse construction 1031 exchanges.

A forward construction exchange allows the investor to purchase the replacement property before selling their original relinquished property. The funds must be held in a Qualified Intermediary account until they are ready to be used for the new construction project.

A reverse construction exchange is the opposite. The investor would first sell their original property, place the proceeds into a Qualified Intermediary account and then purchase the replacement property within 180 days.

Both exchanges are viable options for investors who wish to defer capital gains taxes when purchasing new construction.

What is the role of a Qualified Intermediary in a construction 1031 exchange?

The role of a Qualified Intermediary (QI), also known as an Exchange Facilitator, is critical in the 1031 exchange process, especially in construction exchanges. They are responsible for:

  1. Facilitating the Exchange: They conduct the exchange in accordance with IRS rules, ensuring all the steps are correctly followed.
  2. Holding the Funds: During the exchange process, the investor cannot hold the funds from the sale of the relinquished property. The QI holds these funds in a secure escrow account until they are ready to be used for the new construction project or to purchase the replacement property.
  3. Paperwork: They prepare necessary legal documents required for the exchange, including the Exchange Agreement, Assignment Agreements, and other required notices.
  4. Timeline Monitoring: They ensure that all important deadlines are met. For example, the investor must identify a “replacement property” within 45 days of selling their original property, and complete the purchase of the new construction project within 180 days.
  5. Ensuring the “Exchange” Occurs: For a transaction to qualify as an exchange, there must be a reciprocal transfer of properties. The QI facilitates this by “acquiring” the relinquished property from the investor and selling it to the buyer and “acquiring” the replacement property from the seller and transferring it to the investor.
  6. Guidance and Consultation: Though a QI cannot provide tax or legal advice, they offer detailed explanations of the process, discuss strategy options, and answer questions related to the exchange.


1031 exchanges for new construction can be a powerful tax deferral strategy for investors looking to reinvest their profits into an investment property. By taking advantage of this exchange, investors can enjoy significant tax savings while still growing their portfolios. That said, it’s important to work with a qualified professional who can help ensure that you are properly adhering to and understanding tax regulations on commercial real estate sales.

Interested in Learning More

If you have questions about your property’s eligibility for a 1031 exchange or need assistance with your real estate investment strategies, contact us at Point Acquisitions. Our team can guide you in the right direction and connect you with experts who specialize in 1031 exchanges and can provide the guidance and support you need to make informed decisions. Take advantage of the potential benefits of a 1031 exchange and reach out to Point Acquisitions today. If you found this useful then take a look at our list of things you should know about investing today!

About The Author

Jesse Shemesh

With a wealth of experience in nurturing diverse commercial real estate investment portfolios across multiple markets, I actively engage in the development and execution of deals spanning all asset classes. My expertise lies in collaborating with strategic partners, including corporate real estate professionals, fund managers, developers, and investors, to source, identify, and entitle opportunities. At Point Acquisitions, we take pride in our unique, proprietary platform that specializes in property acquisitions, generating a steady stream of organic deal flow that sets us apart from the competition. As a seasoned professional in the real estate industry, I am dedicated to creating lasting partnerships and delivering exceptional results for all stakeholders.


Please note that Point Acquisitions is not a tax expert or tax advisor. The information on our blogs and pages is for general informational purposes only and should not be relied upon as legal, tax, or accounting advice. Any information provided does not constitute professional advice or create an attorney-client or any other professional relationship. We recommend that you consult with your tax advisor or seek professional advice before making any decisions based on the information provided on our blogs and pages. Point Acquisitions is not responsible for any actions taken based on the information provided on our blogs and pages.

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