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1031 Exchange Blog

Advanced strategies, regulatory updates, and practical guidance from decades of facilitating tax-deferred exchanges.

Washington's Tax Exodus: How 1031 Exchanges, Out-of-State Trusts, and Life Insurance Create a Complete Asset Protection Strategy

Washington's tax landscape has shifted dramatically — a graduated capital gains tax, a new 9.9% millionaires' tax signed into law, and estate tax rates up to 35%. For real estate investors, the window for proactive planning is now. Here's how 1031 exchanges, out-of-state trusts, and life insurance work together as a coordinated defense.

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Exchange Structures

Vacation Homes and 1031 Exchanges: The Safe-Harbor Rules That Separate a Valid Exchange from an IRS Disqualification

You rent out the Suncadia cabin most of the year and use it two weeks in summer. Can you 1031 it into a Whidbey Island beach house? Revenue Procedure 2008-16 says yes — if you follow a precise set of rules before and after the exchange. This article walks through the safe harbor, the personal-use trap, and what three Tax Court cases tell us about getting it right.

June 12, 202614 min read

Fund Safety

The Fidelity Bond Illusion: What Washington Consumers Should Know Before Choosing a 1031 Exchange Facilitator

Washington law gives exchange facilitators a choice: a fidelity bond that pays after a loss, or a qualified escrow that prevents the loss from occurring. Most facilitators choose the bond because it is easier. This article explains the difference, walks through the questions you should ask, and covers what happened when 450 investors learned the hard way that fund structure matters more than fund size.

June 9, 202612 min read

Exchange Structures

When Co-Owners Want Out: Splitting Trust Property Through 1031 Exchanges

A revocable trust holds three rental houses. The co-trustees are divorcing and want to go separate ways — she wants Arizona property, he wants to cash out one and keep one. Can they do a 1031 exchange? Yes, but the structure matters. This article walks through simultaneous swaps, deferred exchanges, drop-and-swap versus swap-and-drop, and the regulatory safe harbor that lets an attorney serve as your QI.

June 2, 202610 min read

State Tax Issues

Exchanging Out of California (or Oregon): The Holdback, the Clawback, and the Filing That Never Ends

California and Oregon both impose withholding at closing and an annual clawback filing when you exchange property out of state. This article covers Form 593, Form 3840, Oregon's ORS 316.738, who is responsible for the holdback, the annual reporting obligation, and how much each state will eventually tax when the replacement property is sold.

June 5, 202614 min read

Washington State Law

Three New Washington Housing Laws Taking Effect June 11 — What They Mean for 1031 Exchanges

Governor Ferguson signed a package of housing bills during the 2026 session. Three of them take effect on June 11 and directly affect the investment property landscape — commercial-to-residential conversions, condominium construction, and rural ADUs. Here is what each bill does, and why exchangers should care.

May 29, 20268 min read

Choosing a QI

What Your Qualified Intermediary Should Be Willing to Tell You

A woman called days before closing — confused about her exchange agreement, the FTB Form 593, how her funds would be held. Her QI would not answer any of it. This article covers the questions every QI should be willing to answer, the difference between processing paperwork and providing a professional service, and what the "I can't give legal advice" line really means.

May 26, 202612 min read

Exchange Mechanics

Identifying Replacement Property: The Rules, the Traps, and What Actually Counts

The 45-day identification deadline gets all the attention — but the real traps are in what you identify, how you describe it, and whether it holds up under the regulations. This article covers the three safe harbors, construction exchanges, fractional interests, DST identification strategy, and the 15% incidental personal property rule.

May 19, 202615 min read

Regulations & Compliance

Beyond Fee Simple: Non-Fee Interests and Statutory Exclusions in 1031 Exchanges

Most investors think of a 1031 exchange as selling one building and buying another. But the 2020 final regulations define "real property" far more broadly — leaseholds, easements, development rights, and options all qualify. At the same time, the regulations draw a hard line around interests that can never qualify, regardless of state law.

May 13, 202614 min read

Exchange Mechanics

Cash at Closing, the 45-Day Deadline, and What Happens When a 1031 Exchange Fails

When do you get your money back from the QI? It depends on what happened — and the rules are stricter than most investors realize. This article breaks down constructive receipt, the (g)(6) fund restrictions, failed exchange mechanics, and the precise timeline for fund release.

May 6, 202613 min read

Tax Rules & Compliance

Related Party 1031 Exchanges: What the Code Actually Says — and What It Means for Your Transaction

Can you do a 1031 exchange with a family member? The answer depends on which side of the transaction the related party is on. Selling to a related party can work with careful planning. Purchasing from one is a structural impossibility under §1031(f). This article breaks down why.

April 27, 202612 min read

Industry Cautionary Tale

When Your Qualified Intermediary Goes Bankrupt: The LandAmerica Story

In 2008, LandAmerica 1031 Exchange Services filed for bankruptcy, freezing $420 million in exchange funds from 450 customers. Every exchange failed. A first-person account from someone who was there — and the lessons that shaped how Olympic Exchange protects your funds today.

April 13, 202614 min read

Regulations

What Qualifies as "Real Property" After the 2020 Final Regulations?

The 2020 Final Regulations provide welcome clarity on what constitutes real property for Section 1031 purposes – and the definition is broader than many investors realize. From cell tower leaseholds to water rights, discover the opportunities.

February 28, 202612 min read

Tax Planning

Depreciation Recapture: The Hidden Tax in Your 1031 Exchange

You complete a textbook 1031 exchange, defer 100% of your capital gain, and still receive a tax bill. How? Section 1245 depreciation recapture. Learn how cost segregation and bonus depreciation interact with 1031 exchanges.

February 28, 20268 min read

9th Circuit

Contributing 1031 Exchange Property to an LLC: What the 9th Circuit Allows

Can you complete a 1031 exchange and then contribute the replacement property to your LLC? In the 9th Circuit, the answer is yes – thanks to Magneson v. Commissioner.

February 28, 20267 min read

Investment Structures

Delaware Statutory Trusts: A Passive 1031 Exchange Option

What is a DST? How does it work in a 1031 exchange? Can you convert a multi-member LLC into one? Learn about this increasingly popular replacement property option for investors seeking passive income and tax deferral.

March 25, 202610 min read

Tax Planning

Carryover Basis vs. Excess Basis: Why Your 1031 Replacement Property Needs Two Depreciation Schedules

When you buy a replacement property that costs more than what you sold, the basis has two distinct components — and they depreciate on completely different schedules. Getting this wrong is one of the most common 1031 tax return errors.

March 30, 20269 min read

Case Law

Non-Safe Harbor Reverse Improvement Exchanges: The Bartell Decision

What if your reverse improvement exchange doesn't fit the 180-day safe harbor? The Tax Court's Bartell decision rejected the IRS's restrictive benefits-and-burdens test, providing significant flexibility for taxpayers.

February 28, 202610 min read

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Jeff shares practical 1031 exchange strategies, regulatory updates, and planning tips. No fluff — just useful guidance from decades of experience.