Resources

President Biden's proposed budget for fiscal year 2025 includes a $500,000 annual cap on capital gains tax deferrals through 1031 exchanges. While this proposal would be devastating to real estate investors and the economy, it is unlikely to become law. The president's budget is primarily a political document, not a practical one, and often includes items that have little chance of success but serve to signal priorities and appease constituencies. Similar proposals have failed in the past, and this one is expected to meet the same fate. Investors should stay informed but avoid making panic-driven decisions.

While a 1031 exchange directly into a REIT is not allowed, investors can still defer capital gains taxes and access institutional-quality real estate through two alternatives: UPREITs (721 exchanges) and Delaware Statutory Trusts (DSTs). UPREITs allow investors to contribute property to an operating partnership for units that can later convert to REIT shares tax-free. DSTs offer fractional ownership in diverse property portfolios, combining direct ownership benefits with professional management. Both options provide tax efficiency, passive income, and exposure to high-quality assets otherwise inaccessible to individual investors, making them compelling solutions for those seeking to redeploy investment proceeds.

The article discusses strategies for investors to defer capital gains taxes realized in 2023. One key option highlighted is investing the gains into a qualified opportunity zone (QOZ) fund, which can defer the original capital gains taxes until at least the end of 2026, and potentially exempt future gains if held for 10 years or more. The article notes that partnerships have added flexibility, with extended deadlines that allow partners to reinvest gains into a QOZ fund by as late as September 2024. However, the article cautions that QOZ investments require careful research, as they are generally illiquid long-term commitments with varying returns. The advice is to work with tax and financial professionals to navigate the program requirements and identify the right QOZ investment for deferring 2023 capital gains.