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1031 Exchange Rules by State

Section 1031 is federal law, but the tax bill on a sale is set by the state where the property sits. These pages cover what each state adds: its tax on real estate gains, withholding at closing, deferred-gain tracking, transfer taxes, and how a DST replacement property fits.

Why the state matters

Every state with an income tax now follows the federal deferral, so a properly completed exchange defers state tax as well as federal tax. The differences are in the mechanics: some states withhold part of the price at closing unless the seller files an exchange exemption, a few keep tracking the deferred gain after the replacement property leaves the state, and transfer or documentary taxes are usually owed on the sale whether or not it is part of an exchange.

Four questions every state page answers

  1. How is the gain taxed if you simply sell? The state rate, bracket structure or lack of an income tax, and any capital gains exclusion the state allows.
  2. What is withheld at closing? Nonresident and real-estate withholding rates, the form that claims the 1031 exemption, and who files it.
  3. Does the state follow your deferred gain out of state? Claw-back and annual reporting rules where they exist, and a plain statement where they do not.
  4. What does a DST mean for a seller there? How income from replacement property in other states is sourced and filed, and what the home state keeps taxing.

Each page lists the official sources it was checked against and the date of the last review. The federal rules that apply everywhere are explained on What is a 1031 exchange, eligibility and requirements and the 45- and 180-day deadlines.

Selling in one state, reinvesting in another?

Breakwater Exchange is licensed in all 50 states. Tell us where the property is and when it closes, and an advisor will send a free proposal with replacement options that fit your deadlines.

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