The short answer
A cash-out refinance is not a taxable event, so on a $1,000,000 building with a $300,000 loan you can pull roughly $390,000 at 70% loan-to-value after costs, owe nothing, keep the property and keep the deferred gain waiting for a step-up at death. A 1031 exchange also owes nothing now, but it spends a commission and closing costs, starts a 45-day clock and pays you in a bigger or safer asset rather than cash. Refinance when the building is one you would buy again today at its current price; exchange when it is not.
At a glance
| Refi proceeds | Not income, because a loan carries an obligation to repay (Commissioner v. Tufts) |
|---|---|
| Interest on the cash-out | Deductible against rents only if the cash is used for the rental (Reg. §1.163-8T) |
| Refi first, 1031 later | The larger loan must be replaced by new debt or cash in the later exchange (§1031(d)) |
| Refi shortly before selling | Risks being taxed as boot; the Fredericks taxpayer won only on a two-year paper trail |
| Hold until death | Deferred gain disappears with the basis step-up, and the refi cash was never taxed |
The refi returns $390,000 in cash today; the exchange returns a $1,500,000 building and no cash
Model one hypothetical building: value $1,000,000, existing loan $300,000, adjusted basis $400,000 after $100,000 of depreciation, net operating income $60,000, which is a 6% cap rate. Every figure below uses a 7% loan rate and 30-year amortization, and the tax in both columns this year is zero.
- Scenario A, refinance to 70%: new loan $700,000, pay off $300,000, about $10,000 of loan costs, cash to you $390,000. Annual debt service rises to about $55,900, leaving roughly $4,100 of cash flow before capital items. Basis, depreciation schedule and the $600,000 of built-in gain are untouched.
- Scenario B, sell and exchange: $1,000,000 price less 6% selling costs leaves $940,000; pay off $300,000 and $640,000 goes to the intermediary. Realized gain is $540,000, all deferred if you buy at least $940,000 and replace the $300,000 of debt. With $640,000 of equity and an $860,000 loan you can reach $1,500,000 of property; at the same 6% cap rate that is $90,000 of income against about $68,700 of debt service, or roughly $21,300 of cash flow.
- Scenario B without a loan: the $640,000 buys DST interests whose sponsor-level debt covers the $300,000 you paid off, giving passive income with no personal guarantee; see DST vs direct ownership for the trade-offs.
Refi proceeds are not income, but the interest only stays deductible if the cash goes back into real estate
The Supreme Court put the rule plainly in Commissioner v. Tufts: when a taxpayer receives a loan he incurs an obligation to repay it, and because of that obligation the loan proceeds do not qualify as income. Borrowing against an appreciated building is therefore not a sale, however far the loan exceeds your basis.
The catch is interest. Reg. §1.163-8T(c)(1) allocates debt by tracing the proceeds to what they buy, not by what secures the loan, and Publication 527 gives the example of a $100,000 loan refinanced to $120,000 where the extra $20,000 buys a car: the interest on that slice is nondeductible personal interest even though the rental building is the collateral.
So the $390,000 costs you nothing in tax if it buys another rental or funds improvements, and it costs you the deduction on $390,000 of interest, about $27,300 a year at 7%, if it pays for a boat or tuition. Track the wire, because the tracing rules are applied to where the money went, not where you intended it to go.
Rates and vacancy hit the refinanced building first: two points or one empty unit flips the cash flow
Scenario A leaves $60,000 of income covering $55,900 of debt service, a coverage ratio of about 1.07. Re-run it at 9% and the payment is about $67,600, so the building loses $7,600 a year; keep 7% but lose a tenant worth 10% of gross rents and income drops below the payment. The refinance has converted a comfortably financed asset into one that must perform every month.
Scenario B at $1,500,000 is also leveraged, at 57%, but the larger income base leaves a coverage ratio near 1.31 at 7% and stays positive at 9%. Sponsor-level debt inside a DST is non-recourse and fixed for the loan term, which removes the personal guarantee from the picture; how to structure an exchange when rates are high is covered in designing a 1031 around high interest rates.
Age and horizon decide: refinance if you will hold to a step-up, exchange if you want out of the operator's seat
If you are 50 and intend to own this building for decades, the refinance is hard to beat: the $540,000 of gain can disappear entirely under the basis step-up at death, and the $390,000 you borrowed was never taxed at all, though your heirs inherit the $700,000 loan along with the building. The keep-or-exchange timing is worked through in 1031 vs holding for step-up.
If you are 62 and tired of tenants, the exchange wins even though it pays no cash, because it converts the same equity into passive assets that can be held to the same step-up, and a later refinance of the replacement can still produce cash. Risk tolerance is the tie-breaker: the refinance concentrates more debt on one asset, while the exchange can spread the equity across several.
Refi now and exchange later works only if you leave time and accept the bigger debt to replace
The two strategies combine, with three pitfalls. First, a cash-out refinance within months of listing invites the IRS to treat the proceeds as boot from the sale; the timing windows practitioners use are in refinancing before or after a 1031.
Second, the refinance raises the bar for the later exchange. After Scenario A the loan is $700,000, so a sale two years later requires $700,000 of new debt or cash on the replacement to stay fully deferred, not $300,000, and the $390,000 you took out is long gone. That pushes you toward a leveraged replacement or a high-leverage cash out DST to carry the debt.
Third, order matters. Exchanging first and refinancing the replacement afterward gets you both the bigger asset and the cash, without the pre-sale refinance risk; the mechanics are in pulling cash out after a 1031. Check the new loan's prepayment terms either way, because yield-maintenance penalties can erase the benefit of a refinance you unwind at sale.
Compare both paths on the same four numbers before you call a lender or a broker
Line the scenarios up on after-cost equity, debt-service coverage at today's rate and at two points higher, the gain deferred either way, and what the asset looks like in your estate. On the example, the refinance wins on cash today and loses on cushion; the exchange wins on cushion and diversification and loses on cash and transaction cost.
We are a 1031 exchange broker, not a lender, so our part is the exchange column: sizing replacement property or DST interests from vetted national sponsors to your equity and debt figures. The tax rules above are general, and your CPA or attorney should confirm how they apply to your loan and your return.
Related questions
Is the $390,000 from a cash-out refinance taxable if my basis is only $400,000?
No. Borrowing is not a disposition, so basis is irrelevant to loan proceeds; the gain is measured only when you sell, at price minus basis, and the loan payoff then comes out of the proceeds.
Can I refinance this year and start a 1031 exchange next year?
Yes, and the longer the gap and the clearer the non-sale reason for the loan, the safer it is; a refinance signed after a sale contract exists is the pattern the IRS attacked in Fredericks.
Does refinancing change my depreciation or basis?
No. Basis and the depreciation schedule are unaffected; loan costs are amortized over the loan term rather than added to basis.
Which costs more, the refinance or the exchange?
The exchange usually does, because it pays a sales commission, transfer taxes and an intermediary fee, while the refinance pays lender fees, an appraisal and title; put both on your comparison sheet using your own quotes.
Can I refinance a DST interest later the way I could refinance a building?
No. The sponsor sets the trust's financing at acquisition and individual investors do not refinance their fraction, which is why liquidity has to be designed in up front through a cash out DST structure.
Sources
Checked against these publications on September 19, 2026. Rules and figures change; confirm the current version with your CPA or attorney before you act. This page is general information, not tax or legal advice.
- Commissioner v. Tufts, 461 U.S. 300 (1983)
- Treas. Reg. §1.163-8T, allocation of interest by tracing
- IRS Publication 527, refinancing a rental
- IRC §1031 (Cornell LII)
- IPX1031, refinancing before and after exchanges
- Legal 1031, refinancing in proximity to an exchange
- 1031 CORP, taking cash from your exchange
- 1031 Exchange FAQ (1031exchange.com), refinancing
