A 1031 exchange (aka a like-kind exchange) allows you to sell an investment or business-use property and defer capital gains taxes by reinvesting the proceeds into a similar, qualifying property. The key is following strict timelines, identification rules, and legal structuring requirements.
Gutwein Law guides investors, developers, and business owners through the 1031 exchange process with confidence, compliance, and clarity. Whether you're planning a straightforward swap or a complex multi-party transaction, our attorneys ensure your exchange is structured to maximize tax deferral and minimize risk.
We help you evaluate whether a 1031 exchange fits your situation and develop a tax-efficient strategy aligned with your investment goals and timeline.
The IRS requires you to identify replacement property within 45 days and complete the purchase within 180 days. We ensure all timelines are met and all identification and reporting requirements are satisfied.
We work closely with your qualified intermediary (QI) to prepare and review exchange agreements and safeguard the legal and tax integrity of the transaction.
We structure and advise on all types of exchanges—from standard forward exchanges to more complex reverse and improvement (build-to-suit) transactions involving multiple parties and properties.
We help address ownership, title, and entity issues that can complicate an exchange—such as changes in partnership structure, tenants-in-common interests, or single-member LLCs.
In the event of IRS scrutiny, our team is prepared to defend your exchange documentation and compliance, reducing risk and protecting your deferral.