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The Daily Insight

CAN 1031 proceeds be used for closing costs?

Author

Sarah Martinez

Updated on March 31, 2026

1031 Exchange proceeds can be used to pay for certain routine selling expenses related to the sale or disposition of the relinquished property and for certain routine purchase costs related to the acquisition of the replacement property without creating an income tax liability (“taxable boot”) for the investor.

Can you do a partial 1031 Exchange?

A 1031 Exchange allows a taxpayer to defer 100% of their capital gain tax liability. They simply become “partial” 1031 Exchanges where the taxpayer has a partially tax deferred transaction rather than deferring all of their taxes.

Can I take cash out of my 1031 Exchange?

Many real estate investors are pleasantly surprised to learn that they can take cash out of a 1031 exchange and still reinvest the rest and defer the payment of capital gains tax on the portion of the proceeds reinvested. Cash can be taken out of a 1031 tax-deferred exchange before, during, and after the exchange.

Can I pay off mortgage with 1031 Exchange?

Generally, no, you can not sell real property (“relinquished property”) and defer the payment of your depreciation recapture and capital gain income taxes by structuring a 1031 exchange by building on real property that you already own or by paying off the mortgage on the property.

Can you 1031 into property you already own?

YES, it is possible to improve property ALREADY OWNED by a 1031 Exchange!

Can you do a partial 1031 exchange?

Can I pay off mortgage with 1031 exchange?

The exchange funds can be used only to buy Replacement Property, pay closing costs or pay off a mortgage or deed of trust covering the Relinquished Property.

Is there a penalty for using 1031 exchange funds?

A taxpayer shouldn’t suffer a financial penalty, for instance, for using exchange funds to pay off a broker’s commission; that is a normal aspect of business. The key benefit of allowable costs is that these costs offset the gain realized from the underlying sale in the 1031 exchange.

What are permissible and non-permissible 1031 exchange closing costs?

Routine permissible and non-permissible 1031 Exchange selling expenses and closing or settlement costs can vary by geographic region based on common practices, local standards and customs. Permissible Selling Expenses and Closing Costs: Owner’s title insurance premiums. Escrow agent, settlement agent or closing attorney fees.

What should I know before making a 1031 exchange call?

Before making the call, it will be helpful for you to have information regarding the parties to the transaction at had (for example, names, addresses, phone numbers, file numbers, and so on). During the phone call, the exchange coordinator will ask questions about the property being relinquished and any proposed replacement property.

How long does it take to replace a property in a 1031 exchange?

From the time of closing on the relinquished property, the investor has 45 days to nominate potential replacement properties and a total of 180 days from closing to acquire the replacement property. Identification requirements: The investor must identify the replacement property prior to midnight on the 45th day.