How Does a 1031 Exchange Work for Los Angeles Property Owners?


A 1031 exchange allows Los Angeles property owners to defer capital gains taxes on appreciated investment real estate by selling one property and reinvesting the proceeds into a like-kind replacement property, such as another rental or commercial building in California. This tax-deferral strategy follows strict IRS rules, including a 45-day window to identify new properties and 180 days to complete the purchase, with additional California state requirements like annual reporting of deferred gains via Form FTB 3840. For LA investors facing high property values and taxes, it's an ideal way to transition assets without immediate tax hits, potentially incorporating Delaware Statutory Trusts (DSTs) for passive income.

What is a 1031 Exchange?

A 1031 exchange, named after Section 1031 of the Internal Revenue Code, is a tax strategy that lets investors swap one investment property for another without paying capital gains taxes right away. In Los Angeles, where real estate appreciation can lead to hefty tax bills, this tool helps owners reinvest fully.

The key is "like-kind" properties—meaning they must be similar in nature, like trading a rental apartment building for commercial space. Personal residences don't qualify, but investment properties do.

Key Rules for 1031 Exchanges in California

  • Eligibility: Properties must be held for investment or business use.

  • Value Requirement: The replacement property should be of equal or greater value to fully defer taxes.

  • No Cash Boot: Receiving cash or reducing debt can trigger taxable "boot."

  • California requires deferral of both federal and state capital gains taxes and annual reporting until the gain is recognized.

  • In LA County, high market volatility means consulting local experts early to navigate zoning or environmental regulations.

The Step-by-Step Process for LA Owners

  1. Engage a Qualified Intermediary (QI) before closing on your sale—they hold the proceeds to avoid tax triggers.

  2. Sell your relinquished property.

  3. Identify up to three replacement properties within 45 days.

  4. Close on the new property within 180 days.

Checklist for Success:

  • Hire a QI experienced in California exchanges.

  • Document everything for IRS and FTB compliance.

  • Consider DSTs if seeking passive options (link to our DST Education post).

Case Study:

A Westwood landlord sold a duplex for $2M, identified a Pasadena multifamily within 45 days, and closed in 120 days, deferring $300K in taxes.

Benefits and Challenges in Los Angeles

  • Benefits: Tax deferral, portfolio diversification, wealth building amid rising property values.

  • Challenges: Tight timelines in a competitive market.

Have questions about 1031 exchanges or DST investments in Los Angeles? The Borges Real Estate Team has helped investors successfully defer taxes and grow their portfolios. Let’s talk.