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1031 Exchanges for Vacation Homes

If you own a vacation home that is used as a rental as well as for your personal enjoyment, can you upgrade to another property without paying capital gains taxes? Yes, so long as you follow strict criteria to qualify for a 1031 vacation home exchange. In this guide, we draw on our expertise with 1031 vacation home exchanges to ensure the eligibility and compliance of your exchange. 
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Benefits of Using 1031 Exchange for Vacation Homes

One benefit of using a 1031 exchange for vacation homes is that it lets you diversify your real estate investment portfolio. Another is that you can upgrade to a more desirable property, without paying capital gains taxes.

 

It can even let you use funds from the sale of your relinquished vacation home to make improvements to the new vacation home. But this type of exchange has very specific requirements that must be met, in order for it to be successful. 

Eligibility Criteria for Vacation Homes

What Are the Rules for a 1031 Vacation Home Exchange?

In short, during the first two 12-month periods after the exchange, you must rent the property for more than 14 days throughout the year, and use it for personal use fewer than 14 days per year, and no more than 10% of the nights rented. If you meet these criteria, then you can invest the proceeds from a relinquished property into a like-kind replacement property.

Intent of the Investor

The primary intent of the investor to use the replacement property for investment purposes, at the time of the exchange, is the key factor in determining whether it is held for personal use or as an investment. Call us at 916-252-6900 for help determining and articulating your primary intent for the property. 

Only Dwelling Units Are Eligible

The IRS defines a dwelling unit as a piece of real property with a house, apartment, condominium, or other structure that furnishes basic living accommodations, including a sleeping area, bathroom, and cooking capabilities.

What Does and Does Not Count as Personal Use?

If you, your family members, or anyone else who has an ownership interest uses the property without paying fair market rent, that counts as personal use. If anyone pays fair market rental rates, it is not considered personal use, even if the property is their primary residence. 

 

Fair market rental rates are determined based on the circumstances that exist when the rental or lease agreement is signed. 

If You Are Working on the Vacation Home, Does It Count as a Personal Use Day?

If you are a DIY lover or fixer-upper with plans to make improvements to your vacation home, then any days you spend working on the property do not count toward the 14 day limit. In other words, you can stay at your new vacation home as much as you like, so long as you are doing work to improve its value.

What Happens After Two Years?

After two 12-month periods of restricting your use of the vacation home to 14 days, and renting it out to guests for 10 times as often as you stay there, you will have fulfilled the requirements and be free to stay there as much as you like. Note, however, that if you continue to rent it out to paying guests for at least 14 days each year, you may be eligible to write off rental expenses and so reduce taxes.

Potential Exceptions to the Rules

Your 1031 vacation home exchange may still qualify for deferral of capital gains taxes, even if you do not follow the guidelines. Call us at 916-252-6900 for a free consultation, to determine the specifics of your exchange, and help set a winning strategy.

Steps to Complete a Vacation Home 1031 Exchange

1

Contact 1031 Pros for advice on structuring your 1031 vacation home exchange.

2

Because Section 1031 does not allow you to own both properties at the same time, you will sell the relinquished property through a qualified intermediary and Exchange Accommodation Titleholder (or EAT), or in some cases acquire the replacement property first through a parking agreement.

3

As your qualified intermediary, we will set up a special purpose entity, often a single member limited liability company, that is used to acquire and park the title to your replacement property during the exchange.

4

We will work with you to ensure compliance with all IRS regulations, and successful completion of your exchange. 

5

At the end of the exchange, the replacement property and any construction loans will often be transferred to you through the holding entity, rather than by a deed. 

What Should I Look for in a Qualified Intermediary?

When selecting a qualified intermediary, be sure to choose one with experience in 1031 vacation home exchanges, as the rules and regulations for these are quite different from other 1031 exchanges. They should also have expertise in navigating the unique challenges of vacation home markets, and help you understand how 1031 exchanges can benefit your portfolio and your life. 

 

At 1031 Pros, we do all of this and more, including offering personalized consultations to align your vacation home investments with broader financial plans, access to real estate management services, and more. We also bring top tier customer service to the table – always answering your phone calls, at any time day or night, and replying to emails within 24 hours.

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Financial Considerations and Planning

We are committed to helping you plan wisely for your exchange, so you make the most of your investment. Vacation home 1031 exchanges have very specific criteria and can be more time consuming than other exchanges. For example, if you are making improvements to your replacement property, be sure that your financing is secured before starting the exchange. Also, be sure that your budget includes room for expenses such as transaction and legal fees. As 1031 vacation home exchange experts, we are here to help guide you through the entire process.

Selecting the Right Vacation Home

Of course, your new vacation home should be a place that brings you delight and joy. But there are other factors to take into consideration. Before entering any real estate transaction, closely examine the economic stability of the area where your replacement property is located.

 

Ideally,  you will find a property in a strong market, as well as one that allows significant value-add through improvements, or even one that is under market value with high upside potential. It’s important to understand market trends and future growth potential, and we’ll work with you to help make sure that you select the right replacement property. 

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Legal and Tax Expertise

1031 vacation home exchanges must conform to IRS guidelines and laws at the state and local level, and must also be compliant with the rules specific to 1031 exchanges. At 1031 Pros, we are expert professionals who specialize in real estate and tax considerations, so we can help you mitigate risk and maximize the reward you get from your vacation home. 

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“Honestly, you have been great!! I will forever recommend you to all my clients. Thank you for your prompt responses and being on top of everything. Thank you all for working so hard to get this done. I just wanted to tell you all I appreciate it.”


– Ana Torres

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Whether you're ready to sell today or in the future, we are happy to answer any questions you may have about your real estate portfolio.

 

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  • Can I use a 1031 exchange for a property I occasionally use for personal vacations?
    Yes you can, so long as you rent the property for more than 14 days per year for the first two years, and use it for personal use fewer than 14 days per year and no more than 10% of nights rented. Got questions? Call us at 916-252-6900 and our 1031 vacation home exchange experts will walk you through the details.
  • What are the IRS rules for using a vacation home in a 1031 exchange?
    At the time of the 1031 exchange, the primary intent of the investor to use the replacement property for investment purposes is the determining factor as to whether it is for personal use or as an investment. Also, only dwelling units are eligible for these exchanges. For more details, contact us at 916-252-6900 for a free consultation on setting the right strategy for your 1031 vacation home exchange.
  • How long must I hold a property before it qualifies for a 1031 exchange?
    There is not a specific amount of time that you must hold a property before using it in a 1031 exchange, but the IRS will look at your intent – you must have had the intention to use the property for investment purposes, which could include renting the property at a fair market value.
  • What are the potential tax consequences if my vacation home does not qualify?
    If your vacation home does not qualify, you may be responsible for paying capital gains taxes on the sale of your relinquished property.
  • Can I use a 1031 vacation home exchange for international properties?
    We can handle 1031 exchanges of all types, including those of foreign property with like-kind property both at home or abroad. Call us at 916-252-6900 to learn more.
  • How much does a 1031 vacation home exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • What is a reverse 1031 exchange and how does it differ from a traditional exchange?
    In a traditional 1031 exchange, you sell a property (known as the relinquished property) and then buy a new property of like kind (known as the replacement property for business use or investment purposes). In a reverse 1031 exchange, this order is reversed, enabling you to acquire new property before you have sold your original property.
  • What are the time limits involved in a reverse 1031 exchange?
    You have 45 days to identify a new replacement property and 180 days to complete the exchange, or you might be liable for capital gains tax.
  • What happens if I can't sell my original property after completing a reverse 1031 exchange?
    You might be liable for paying capital gains tax when you sell your original property.
  • How do I fund a reverse 1031 exchange?
    It is important to ensure that you have sufficient funds to acquire the new property, including all potential fees, before you start. In some cases, you can obtain financing for reverse 1031 exchanges, but some lenders are hesitant to enter into this arrangement. We’ll work with you to explore options and mitigate risks.
  • Can I use a reverse 1031 exchange for international properties?
    We can handle 1031 exchanges of all types, including those of foreign property with like-kind property both at home or abroad. Call us at 916-252-6900 to learn more.
  • How much does a reverse 1031 exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • What type of property qualifies for a 1031 exchange?
    Any property held for productive use in a trade or business or for investment can be exchange for like-kind property. "Like-kind" refers to the nature of the investment. Any type of real property can be exchanged for another type of real property. For example: A single family rental can be exchanged for a duplex. Raw land can be exchanged for a shopping center or an office space for apartments. Any combination will work. This gives the investor flexibility to change investment strategies to fulfill their portfolio needs.
  • What Does Not Qualify?
    A personal residence, developed lots, home flipping, partnership interests or property held for resale immediately after acquisition. Second homes may or may not qualify depending upon the use and how it's reported for income tax purposes.
  • What kind of exchanges does 1031 pros handle?
    We handle all types of exchanges: Delayed Exchanges, Reverse Exchanges and Build to Suit Exchanges. From the simple to the complex, we can handle any type of exchange.
  • Does 1031 Pros handle exchanges in any state?
    Yes. We can handle exchanges for any property in any of the 50 states.
  • How much notice do I need to do a 1031 Exchange?
    You can do a 1031 exchange any time before closing on the sale of your investment property. Like we said before, we're fast.
  • How long do I need to own my investment property before I can exchange it for another?
    There is no set timeline, but to avoid any issues you should at least own it for a minimum of 12 months.
  • What happens if I don't close on my replacement property within 180 days?
    Then you just pay the capital gain taxes like your would have if you were to sell the property in the first place.
  • Can I sell one property and exchange into multiple properties?
    Yes, in most cases you can exchange into three other properties.
  • Why should I use a qualified 1031 intermediary to do my exchange?
    We will prepare all the correct paperwork you will need to file your taxes with. We will also ensure you meet your timelines and any other specifics of the 1031 tax code.
  • What if my Title company is a qualified 1031 intermediary?
    1031 Pros specializes in exchanges and has the expertise, experience and history to ensure an audit free exchange.
  • What is a reverse exchange?
    A reverse exchange is when you close on the purchase of the replacement property before you close on the sale of the relinquished property. Many real estate investors will utilize a reverse exchange to acquire a replacement property in a market where there may be competing offers or there is a need to close fast. Because of our vast experience handling these types of exchanges, we offer very competitive rates and are willing to match any competitor pricing.
  • What is an improvement exchange?
    Also referred to as a construction exchange or build-to-suit exchange, improvement exchanges offer real estate investors nice benefits, which often result in better investment opportunities than properties readily available on the market. The ability to remodel, add capital improvements, or build from the ground up, while using tax-deferred dollars, allows an investor to reinvest in a replacement property that meets their exact investment criteria.
  • What is the Federation of Exchange Accommodators?
    The Federation of Exchange Accommodators (FEA) is the only national trade association organized to represent professionals who conduct like-kind exchanges under Internal Revenue Code §1031. Members include Qualified Intermediaries (QIs), their primary tax and legal counsel, and affiliated industries (TIC sponsors, banks, real estate brokers, title companies, settlement/escrow agents, etc.). 1031 Pros is a proud member of the FEA.
  • Can I 1031 exchange into a Tenancy in Common or Triple Net Lease Property?
    Yes, you can exchange into a Tenant In Common (TIC) or Triple Net Lease real estate investments. The biggest rule of thumb is that your name is on the title as an owner with a percentage of ownership. These types of real estate investments offer a great passive income for those who are done with being a landlord and are ready to sit back and collect a monthly check. We do not offer these types of investments at 1031 Pros, but we have some great partners who do. Call us today to learn more.
  • Does my personal residence qualify for a 1031 exchange?
    No, it does not. Personal residences qualify for different tax benefits under IRS Code Section 121. Section 121 allows a taxpayer to exclude up to $250,000 ($500,000 for certain taxpayers who file a joint return) of the gain from the sale (or exchange) of property owned and used as a principal residence for at least two of the five years before the sale. 1031 Pros does not offer any services or tax advice for personal residences. Please contact our trusted Accounting partners under the "More Tab" for more information on Section 121. Tell them 1031 Pros sent you!
  • Are my funds insured?
    Each of our exchanges uses a unique, individual, FDIC insured account. 1031 Pros also has additional bonding and insurance, so your funds are always safe and secure.
  • What is considered a "like-kind" property in a 1031 exchange?
    A like-kind exchange occurs when you want to sell an asset and acquire a similar one, while avoiding capital gains tax. These are heavily monitored by the IRS and require oversight to ensure that no tax penalty is incurred.
  • How long do I have to identify a replacement property?
    You have 45 days to identify a replacement property for your 1031 exchange.
  • What are the tax implications if I miss the 1031 exchange deadline?
    If you miss the 180 day deadline, you will be responsible for paying capital gains taxes, as if it were a standard sale of real estate.
  • How do I choose a qualified intermediary for my 1031 exchange?
    You want your qualified intermediary to be an expert on 1031 exchange regulations and well connected with property managers, real estate companies, and financial experts. You also want a highly responsive intermediary who is always available when you have a question. At 1031 Pros, we are that intermediary.
  • Are there any types of real estate that do not qualify for a 1031 exchange?
    To qualify, the property must be a business or investment rather than personal property. Your home does not qualify under Section 1031 of the IRS tax code, nor does property held for sale (such as spec houses, building lots, and flips), stocks including those in a Real Estate Investment Trust, bonds, mortgages, and notes.
  • How much does a 1031 exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • What is a partial 1031 exchange, and how does it work?
    A partial 1031 exchange lets you sell one investment property and reinvest a portion of the proceeds into another property of like-kind, but keep part of the sale funds as cash. Because you are only reinvesting part of the money, you will be responsible for paying a portion of capital gains taxes on the sale.
  • How do I calculate the tax on the cash received (boot)?
    Every partial 1031 exchange is unique, and we know how to handle them all. Call us at 916-252-6900 for a free consultation to discuss your situation, and we will help you calculate the taxes on cash received and create a strategy that will make your partial 1031 exchange successful.
  • Can partial 1031 exchanges be used for international properties?
    We can handle 1031 exchanges of all types, including those of foreign property with like-kind property both at home or abroad. Call us at 916-252-6900 to learn more.
  • What are the risks associated with partial 1031 exchanges?
    In addition to being responsible for paying a portion of capital gains taxes, there are other risks that are familiar to real estate investors – such as property underperformance and legal concerns that arise if you are not compliant with 1031 exchange regulations. When you call us for a free consultation, we will help you review these risks and set a strategy for success.
  • How should I select a qualified intermediary for a partial exchange?
    At 1031 Pros, we are experts in all 1031 exchanges. Serving all 50 states, we will ensure that you have all of the appropriate documents, are in full compliance with regulations, are set up with a unique FDIC-insured individual account for your exchange, coordinate with your title company, and more. Unlike other qualified intermediaries, we also go the extra mile – providing access to a network of property management and real estate advisors after your exchange, and helping you create long-term investment strategies. And of course, our customer service is the number one reason that investors choose to work with us: we stay one step ahead of the process and respond quickly and accurately to questions.
  • How much does a partial 1031 exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • Can I use a 1031 exchange for building improvements?
    You absolutely can, putting funds from the sale of your relinquished property toward improvements on your replacement property with a full deferral of capital gains taxes, so long as you meet the deadlines and IRS regulations associated with 1031 exchanges.
  • What is a 1031 improvement exchange, and who can benefit from it?
    A 1031 improvement exchange lets you use pre-tax dollars from the sale of your relinquished property to increase the property value of your new, replacement property through enhancements to existing structures. All while deferring capital gains tax.
  • What are the critical timelines I need to be aware of?
    Your replacement property must be identified within 45 days of selling your relinquished property, and the entire transaction – including all improvements specified in the exchange – must be completed within 180 days.
  • Can I handle the construction management myself?
    Acting as project manager for the construction, you will send invoices to 1031 Pros, as your EAT, to be paid directly to your vendors. We will work closely with you to ensure that all funds are handled correctly.
  • What happens if the improvements are not completed on time?
    If the improvements on the replacement property are not completed within the 180 timeline, you will be liable for capital gains taxes on the sale of your relinquished property. We are experts in all aspects of 1031 exchanges; call us at 916-252-6900 to discuss your plans and we will help make sure that your exchange goes smoothly.
  • How do I choose a qualified intermediary for an improvement exchange?
    You want to find a qualified intermediary with experience in 1031 improvement exchanges. They will ensure that you have all of the appropriate documents, are in full compliance with regulations, are set up with a unique FDIC-insured individual account for your exchange, coordinate with your title company, and more. At 1031 Pros, we do all of this in all 50 states in the U.S., as well as bringing you access to a network of property management and real estate advisors after your exchange, and helping you create long-term investment strategies. When selecting a qualified intermediary, be sure to read customer reviews and testimonials and choose one that answers the phone when you call, no matter what time, and responds to emails within 24 hours. 1031 Pros is that qualified intermediary, and we are ready to help you with your exchange.
  • How much does a 1031 improvement exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • What are 1031 exchange services and how can they benefit me?
    Unlike traditional real estate transactions, where you sell one business or investment property and buy another – and pay heavy capital gains taxes along the way – 1031 exchanges let you defer capital gains taxes. When choosing what types of properties to include in your real estate portfolio, working with a Qualified Intermediary to ensure compliance with tax regulations and set a long-term investment strategy will help you grow your portfolio faster.
  • Are there different types of 1031 exchange services?
    There are, based on when you sell your relinquished property and acquire a replacement property. We handle all types of exchanges, including in-kind, reverse, partial, and new construction exchanges.
  • How do I choose the right service provider for a 1031 exchange?
    You want a Qualified Intermediary with extensive experience handling all types of 1031 exchanges, who is up on the latest regulations, who has a good reputation, and provides excellent and quick customer service. At 1031 Pros, we check all of these boxes and more.
  • What are the common mistakes in 1031 exchanges and how can they be avoided?
    The biggest mistake is meeting deadlines: the 45 day timeline for identifying a replacement property and the 180 day timeline for completing the exchange. If you miss these deadlines, you are responsible for paying capital gains taxes on the sale of your relinquished property. Another mistake is not being in compliance with IRS regulations. At 1031 Pros, we will help you navigate the complexities of exchanges successfully.
  • How long does a 1031 exchange take from start to finish?
    This depends on the type of exchange. If you have already identified (or even acquired) a replacement property, then the process is quicker than if you are looking for a replacement property or undertaking construction or improvements on the new property. Call us at 916-252-6900 for a free consultation and, depending on the needs of your exchange, we will be able to advise you on what timeline to expect.
  • How much does a 1031 exchange cost?
    Our 1031 exchange solutions are priced competitively with those of other 1031 exchange service providers, and we will match the price quote you receive from any other services – while bringing our world class, responsive customer service to your exchange.
  • Can 1031 exchange services help with property outside the U.S.?
    We can handle 1031 exchanges of foreign property with like-kind property both at home or abroad. Call us at 916-252-6900 to learn more.
  • What should I prepare before contacting a 1031 exchange service provider?
    If you have already acquired your replacement property, then you should come to the conversation with details on the new property. If you are undertaking new construction or improvements on a replacement property, then you should bring information on the property, planned improvements, and the details of any related construction loans. If your exchange is like-kind or partial, then you should bring information on the properties.
  • How does a 1031 exchange apply to new construction projects?
    In some ways a New Construction 1031 Exchange is similar to other 1031 exchanges: the 180 day timeline, the importance of not owning both properties at the same time, and compliance with all IRS regulations. However, with new construction there are other steps in the process, such as working with a Qualified Intermediary like 1031 Pros to set up a special purpose entity and pay for improvements. Contact us at 916-252-6900 with any questions or to get the process started.
  • What are the time constraints in new construction 1031 exchanges?
    45 days to identify your replacement party, and 180 days for the acquisition to be finalized.
  • Can I manage the construction process myself in a 1031 exchange?
    Yes, you or an appropriate representative will serve as the project manager on the construction process, working with us as your Exchange Accommodation Titleholder (EAT) to pay vendors using exchange funds.
  • What are the risks involved in new construction 1031 exchanges?
    Construction projects sometimes run past projected deadlines, exceed their allotted budgets, and experience market fluctuations during the life of the project. The experts at 1031 Pros will work with you to ensure that you are set up for success.
  • How do I select a qualified intermediary for a construction-focused 1031 exchange?
    You should choose a Qualified Intermediary with deep expertise on 1031 exchange regulations, particularly those that are new construction or improvement projects. You also want a partner who is available to answer questions at any time. At 1031 Pros, we always answer the phone when you call and are ready to help you know what you need to know, and what you need to do next.
  • How much does a new construction 1031 exchange cost?
    Pricing is determined on an individual basis, but at 1031 Pros we offer competitive prices and are willing to match anyone else’s offer.
  • What exactly does a qualified intermediary do in a 1031 exchange?
    They will carefully and accurately prepare the exchange agreement, assist with writing contracts, set up an individual secure account for each exchange, coordinate all transactions, work with legal advisors and title companies, report to you regularly, and prepare all of the tax documents you need to avoid paying capital gains taxes.
  • How do I choose a qualified intermediary for my exchange?
    You want to find a qualified intermediary with experience in the particular kind of 1031 exchange you need. You also want to make certain that they have experience in the state where your exchange will take place. At 1031 Pros, we are that QI, and then we go farther – providing you access to a network of property management and real estate advisors after your exchange and helping you create long-term investment strategies. We are also proud of our highly responsive and helpful customer service; we answer the phone when you call, anytime day or night, and respond to emails within 24 hours.
  • What are the key qualifications a good intermediary should have?
    They should be an expert advisor on the different options you have when it comes to 1031 exchanges, and then experience in the type of 1031 exchange that you want to undertake. They should be appropriately licensed, fully bonded, insured, and a member of the Federation of Exchange Accommodators. They should also operate with the highest ethical standards to protect your funds in an individual, unique account, and be committed to fast, responsive, and accurate customer service.
  • What are any risks involved in using a qualified intermediary?
    The risks come with not using a qualified intermediary who is deeply experienced in the relevant type of 1031 exchanges, who are not meticulously detailed when it comes to every transaction, and who do not coordinate and communicate with all parties involved in order to make sure that your exchange is successful.
  • How can I ensure my funds are secure with a qualified intermediary?
    Your QI should always deposit any funds from an exchange into a separate and unique FDIC-insured account, secured with dual signature requirements. They should also be transparent when it comes to reporting and adhere to strict ethical standards regarding handling funds.
  • What should I expect from my intermediary during the exchange process?
    You should expect for your QI to come to the table with expertise in 1031 exchanges, to be highly responsive to any questions and even proactively communicative with you and other parties, and to deliver all documentation, thoroughly prepared, at the right times. At 1031 Pros, we are ready to help you with your exchange, no matter what type you need to undertake. Call us at 916-252-6900 for a free consultation and to get started.

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