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Can You Cancel or Back Out of a 1031 Exchange?

Posted by Chris Peterson | Feb 13, 2023 | 0 Comments

As with any investment decision, there may be times when a property owner changes his or her mind and no longer wants to go through with a planned 1031 Exchange. When this happens, it is important for investors to understand their options and the consequences of backing out of the process.

Can You Legally Back Out?

Yes, it is possible to change your mind and back out of a 1031 Exchange, but there may be consequences.

If you have not closed on the sale of the relinquished property, you can cancel the exchange without penalty. If you have closed on the sale of the relinquished property and identified replacement properties but haven't closed on them yet, you may have a short time frame to back out of the 1031 Exchange. However, if you have closed on the sale of the relinquished property and purchased the replacement property, you cannot back out without penalty.

Options When You Change Your Mind

As mentioned, if you are early enough in the process, the easiest option is to simply cancel the exchange. However, it is important to note that once the relinquished property is sold, the investor will be liable for paying capital gains taxes on the sale. Additionally, the investor will not be able to use the proceeds from the sale to purchase the replacement property tax-free.

Another option for investors who decide to change their mind is to complete the exchange as planned, but then sell the replacement property within a certain period of time. This is known as a "reverse exchange" or "parking exchange." It allows the investor to purchase the replacement property first, and then sell the relinquished property within 180 days. However, it is important to note that reverse exchanges are complex and require the use of a qualified intermediary and a special-purpose entity, making them more expensive than a forward exchange.

Don't Make the Decision Alone

Before you pull the plug on your 1031 Exchange, make sure to speak with a legal or tax professional who can help you understand all of your options—and all of the consequences--of backing out at the current stage you are in. If we can be of assistance, please do not hesitate to contact Brazos1031 Exchange company at (888) 508-1901.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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