Tampa Bay's Premier Legal Advisors
Ivy League-educated attorneys delivering expert 1031 exchange counsel. Protect your real estate wealth. Defer your capital gains. Move forward with confidence.
Cornell Law School
Our Services
Every exchange is different. Our legal team tailors each strategy to your specific investment goals and timeline.
In a simultaneous exchange, the buyer and the seller exchange properties at the same time. Requires precise legal coordination executed by our experienced team.
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In a reverse exchange, you buy the new property before you sell the old property — ideal when you find the perfect investment before your current asset is sold.
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In a deferred exchange, the buyer and the seller exchange properties at different times. Maximum flexibility within the statutory 45 and 180-day windows.
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This exchange allows a taxpayer to use profit from the sale of an existing property to fund improvements to, or the building of, a new replacement property.
Learn More →The Process
Unlock the full potential of your real estate investments. Navigate the complexities of tax deferral with ease and confidence.
From the closing date of your relinquished property, you have 45 days to identify any replacement properties you plan to purchase. If no properties are identified, the exchange closes and funds are returned as taxable boot.
From the closing date of your relinquished property, you have 180 days to close on your replacement property. Once an identification form is submitted, funds can only be withdrawn by closing on those identified properties.
Eligibility
Not sure if your situation qualifies? Our attorneys will walk you through every factor.
Check Your EligibilityProperty must be like-kind — nearly all real estate is like-kind to other real estate.
Property cannot be a personal primary residence or vacation home.
The same taxpayer who sells must also purchase the replacement property.
The 1031 Exchange must be disclosed to both the buyer of the relinquished property and the seller of the replacement property.
The replacement property price must be equal to or greater than the sales price. Any remaining amount is "Boot" and is taxable.
The intent of both properties must support being held for investment or use in business.
Lead Attorney
Debbie is a Tampa Bay area native. She attended Stetson University on a Presidential Scholarship and at just 19 years old, graduated cum laude — earning the distinction of being Stetson's youngest graduate since its founding in 1883.
She attended Cornell Law School — one of the five Ivy League law schools — and became the first person in her family to obtain a graduate-level education.
In 2012, Debbie returned to law school and earned a Master of Laws (LL.M.) in Taxation from Washington University in St. Louis, focusing on sophisticated personal estate and tax planning.
Cornell Law School — Ivy League
Knowledge Base
Practical guidance from our legal team to keep you informed.
To defer ALL capital gains and depreciation recapture taxes, the taxpayer must pay an equal or higher price for the Replacement Property. Any amount not reinvested — called "boot" — is taxable.
Read More →Common Questions
Have more questions? Our team is available Mon–Fri 9AM–5PM.
Ask an AttorneyA 1031 Exchange, named after Section 1031 of the Internal Revenue Code, allows real estate investors to defer paying capital gains taxes on the sale of an investment property, as long as the proceeds are reinvested into a "like-kind" property within strict timeframes.
A Qualified Intermediary (QI) is an impartial third party required by IRC § 1031 since 1991. They hold the proceeds from the relinquished property sale until you close on your replacement property. You cannot touch the funds — that's what keeps the exchange tax-deferred.
"Boot" refers to any amount of cash or debt relief not reinvested into the replacement property. Boot is taxable. To avoid all taxes, the replacement property must be of equal or greater value with no cash left over.
Vacation homes can qualify under specific IRS rules from 2008. The property must have been owned for at least 24 months, rented at fair market value for at least 14 days per 12-month period, and personal use cannot exceed 14 days or 10% of rental days per year.
Almost all real property held for investment or business use qualifies. You can exchange a rental house for a commercial building, farmland for an apartment complex, or raw land for a strip mall. Both properties must be held for productive use in a trade, business, or for investment.
No. A primary residence does not qualify. However, if you previously used a property as your primary residence and later converted it to an investment property, it may qualify depending on the facts and circumstances. Speak with our attorneys to evaluate your specific situation.
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Schedule a Consultation Today. Our Ivy League-educated legal team is ready to navigate every complexity of your exchange.