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THE DEFERRAL

Can You 1031 Exchange Into Raw Land?

Land is like-kind to virtually any other real property held for investment, which makes it a flexible landing place for exchange proceeds. The flexibility is real; the deadlines are absolute; and the requirement that the land be held for investment rather than personal use is where exchanges most often come apart.

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Why land is a flexible replacement

Like-kind for real property is interpreted broadly. Investors exchanging out of management-intensive property — rentals with tenants, buildings with maintenance — frequently move into land precisely because it demands nothing. No tenants, no roof, minimal carrying cost beyond property taxes.

That makes land a common destination for investors nearing retirement from active management, and for anyone who wants to defer gain while deciding what to do next.

The timelines, and why they end exchanges

Forty-five days to identify, one hundred eighty to close, both from the relinquished property's closing date. The identification must be in writing, delivered to the intermediary, and specific enough that the property is unambiguous.

Forty-five days is short for land. Rural parcels take time to find, longer to diligence, and access or title problems surface slowly. The practical answer is to begin looking before selling, not after — the clock does not care that the perfect parcel appeared on day fifty.

The intent requirement

The property must be held for investment or productive use. Buying land through an exchange and building a personal residence on it shortly after is the fact pattern most likely to draw challenge, because it converts investment property to personal use.

There is no bright-line holding period in the statute. What matters is documented intent: how the property is treated on returns, whether it produces income or is genuinely held for appreciation, and how long before use changes. This is a conversation for your tax advisor before the exchange, not after.

What to have ready

Engage a qualified intermediary before closing the relinquished property — afterward is too late. Begin identifying candidate parcels early, and diligence them fast: access, title, zoning and survey are the four that most often kill a parcel inside a compressed window.

The risk scorecard is built for exactly this: a fast first-pass screen so the forty-five days are spent on parcels that can survive scrutiny rather than on ones that cannot.

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