1031 Exchange Attorney | Northern Virginia | Shin Law Office,1031 exchange attorneyReal Estate Lawyer 23,shin law office,lawyers
1031 Exchange Attorneys in Northern Virginia

Defer the Tax, Keep Your Equity

A properly structured 1031 exchange lets you sell investment property and reinvest in like-kind real estate while deferring the capital gains tax, but the deadlines are strict and the rules are unforgiving. We help investors get the structure right across Northern Virginia.

Investors & Owners
Leesburg & Fairfax
We Coordinate With Your CPA
The Rules That Make It Work

Three Rules You Cannot Get Wrong

45 Days
To identify replacement property in writing after the sale of the property you are selling
180 Days
To close on the replacement property, with no extensions outside a federal disaster
Never Touch the Cash
A qualified intermediary must hold the proceeds, or the exchange is disqualified

Sources: Internal Revenue Code § 1031 and Treasury Regulation § 1.1031(k)-1 (like-kind exchanges of real property; the forty-five-day identification and one-hundred-eighty-day exchange deadlines and the qualified intermediary requirement); the 2017 Tax Cuts and Jobs Act limited § 1031 to real property only, effective 2018; exchanges are reported on IRS Form 8824. Virginia generally conforms to this federal treatment for state income tax.

A 1031 exchange is one of the most effective ways to keep capital working instead of sending it to the government at closing. But it rewards planning and punishes improvisation. The two clocks run concurrently for one hundred eighty days total, the money can never pass through your hands, and a single misstep turns a deferred gain into a tax bill due that year.

Powerful, But Only If It Is Done Right

A 1031 exchange, named for the section of the tax code, lets an owner sell investment or business real estate and roll the proceeds into like-kind property while deferring the capital gains tax that a straight sale would trigger. The money that would have gone to taxes stays invested, which is why investors use it to move from scattered rentals into larger or better-fitting assets. The tax is deferred, not erased, and held until a future sale, though holding until death can eliminate it entirely under current law.

It only works if the deadlines are met and the structure is exactly right. We handle the legal side, structuring the exchange, preparing the documents and the assignment to a qualified intermediary, and coordinating with your purchase agreements and closing. Because these exchanges often involve commercial property, we bring the transaction and the exchange together, and we work alongside your accountant, who handles the tax analysis and reporting.

Schedule a Consultation

Where We Come In

  • You are selling appreciated investment or business real estate
  • You want to defer capital gains and reinvest in like-kind property
  • You need the exchange structured and the deadlines mapped out
  • You are doing a reverse or improvement exchange, not a simple one
  • You need the contracts and the assignment to an intermediary handled
  • You want the exchange coordinated with your CPA and the closing
What We Handle

1031 Exchange Services

The legal structure and the deadlines, handled so the deferral holds up.

Exchange Structuring

Setting up the exchange correctly from the start, so the transaction qualifies and the deferral is protected before you sell.

Deadline Mapping

Charting the forty-five-day and one-hundred-eighty-day dates against your closing and tax return, so nothing slips past a hard deadline.

Qualified Intermediary Coordination

Working with the intermediary who holds the funds and preparing the assignment, so the proceeds never reach your hands.

Exchange Documents

Drafting the exchange agreement, the cooperation language in the contracts, and the written identification of replacement property.

Reverse & Improvement Exchanges

Handling the more complex structures, where you buy first or build on the replacement, and title is parked while the deal comes together.

Closing & Deed Coordination

Coordinating both closings and the deed side, including Virginia recordation and grantor’s taxes that still apply on the transfer.

How a 1031 exchange actually works

Section 1031 defers, rather than eliminates, the capital gains tax on the exchange of real property held for investment or business use, and since 2018 it applies to real property only, not equipment or other personal property. The two deadlines drive everything: within forty-five days of selling, you must identify the replacement property in writing, and within one hundred eighty days total, or your tax return due date if earlier, you must close on it. These dates are strict, with no extensions outside a federally declared disaster. A qualified intermediary must receive and hold the sale proceeds, because taking possession of the money, even for a day, disqualifies the exchange, and your own attorney or agent cannot serve as that intermediary. To defer the full gain, you generally need to buy property of equal or greater value, reinvest all of your net equity, and replace the debt, or the shortfall becomes taxable boot. The same taxpayer that sells must be the one that buys. Virginia conforms to the federal deferral for its income tax, though recordation and grantor’s taxes still apply on the deed, so the closing mechanics need their own planning. Because it is driven by the tax code, an exchange works best with your accountant involved from the start, and it is reported to the IRS on Form 8824.

1031 Exchange Attorney | Northern Virginia | Shin Law Office,1031 exchange attorneyAnthony Shin meet our team,shin law office,lawyers
Attorney Insight

“A 1031 exchange is one of the best tools an investor has, but the deadlines do not care about your reasons. Forty-five days to identify, one hundred eighty to close, and the money can never touch your account. I have seen people lose a large deferral simply because the pieces were not in place before they sold. So the work happens up front: get the intermediary lined up, get the contracts right, map the dates, and coordinate with the accountant. Do that, and the exchange is smooth. Improvise, and the tax bill shows up anyway.”

Anthony I. Shin, Esq.
Founder, Shin Law Office
Common Questions

Answers Before You Call

What is a 1031 exchange?
It is a way to sell investment or business real estate and reinvest in like-kind property while deferring the capital gains tax the sale would otherwise trigger. The tax is deferred, not erased, and the rules are set by the federal tax code. Done right, it keeps more of your capital working.
What are the 45-day and 180-day deadlines?
After you sell, you have forty-five days to identify replacement property in writing and one hundred eighty days total to close on it. They run concurrently, not back to back, and are generally not extendable, so the exchange has to be planned before the sale closes.
Can I hold the sale proceeds myself?
No. A qualified intermediary must hold the funds. If you receive the proceeds, even briefly, the exchange usually fails. This is one of the most common and costly mistakes, and it is why the structure has to be set up before the relinquished property closes.
What kind of property qualifies?
Real property held for investment or productive use in a business, exchanged for other like-kind United States real property, which is a broad category. Since 2018, only real estate qualifies, not personal property, and a primary residence is treated differently under a separate part of the tax code.
Do I still need my accountant?
Yes, very much. An exchange is driven by tax law, and your CPA is essential for the tax analysis and the reporting on Form 8824. We handle the legal structure, the documents, and the deadlines, and we coordinate with your tax advisor so the pieces fit together. This page is general information, not individual tax advice.

Plan the Exchange Before You Sell

The deferral depends on having the structure in place before the first closing, not after. Talk to us early, and we will coordinate the legal side with your accountant and intermediary. Serving Leesburg, Fairfax, and all of Northern Virginia.

Prefer to talk now? Reach Anthony I. Shin, Esq. at 571-445-6565.

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Copyright © 2026 Shin Law Office, PLC. All rights reserved.

Reproduction of any content on this site is prohibited except for individual, non-commercial, informational use. This limited permission does not allow modification, distribution, or incorporation of any content into other works or publications in any medium. You may not reproduce or distribute content from this site to any third party.