08/17/2026
Selling real estate?
You have a few options to avoid paying taxes on your gain.
Option 1 (and most common): 1031 Exchange into a new property.
You need to know that you're going to do this BEFORE closing, so reach out to your accountant (or me) if you're planning to sell. Your gain gets deferred into another property, as long as you follow all the rules (which are many).
Option 2: 1031 Exchange into a Delaware Statutory Trust (DST).
Maybe you don't want to worry about finding another property to sell. Maybe you want something that's completely hands-off. In that case, a DST could be a great option. The same rules apply as a regular 1031 exchange, but I've run into a lot of confusion from tax preparers on how DSTs work, so consider talking to someone who has dealt with them before in addition to consulting your tax preparer.
Option 3: Defer only the gains into a Qualified Opportunity Zone Fund.
This one is interesting, and more flexible. Here are some of the things that make it different from DSTs:
-You don't have to invest all of your proceeds (just the gain, so you can do something else with the rest of the proceeds).
-You don't have to know that you're doing this when you close. You have up to 180 days from the date of sale in most cases (sometimes longer) to reinvest your gains.
-The gains are deferred for up to 5 years from the date of your investment (not the date of the sale) as long as you invest after 1/1/27.
-In year 5, when you owe tax on those gains, the gains are reduced by 10%.
-If you hold the QOZ fund for 10 years, the gains on the sale of the QOZ fund are tax-free.
Pretty neat. If you want indefinite deferral, a 1031/DST may be the best choice. But if you want shorter-term deferral, reduction in gain, and potential for future tax-free gains, a QOZ fund might be your best bet.
Best part? These aren't gray areas in the tax code. They're not exactly simple, but if you work with someone who knows the process, it can be pretty hands-off for you.