NJ 1031 Exchange in 2025: Timeline, Like-Kind Rules, and Costly Mistakes to Avoid

Admin • October 6, 2025

If you’re planning to sell an investment property in New Jersey or Pennsylvania, a 1031 exchange can help you defer capital gains taxes and keep more money invested. But the IRS rules are strict, and even one mistake can trigger a tax bill.



This guide from Dan Reganata, CPA, MBA, PFS in Cherry Hill, NJ, explains the 2025 rules, deadlines, and requirements for 1031 exchanges—with special notes for NJ and PA property owners.

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Key Takeaways

  • Deferral benefit: 1031 exchanges let you postpone federal and state capital gains taxes.
  • Timeline: You have 45 days to identify replacement property and 180 days to close.
  • Eligible property: Must be investment or business-use real estate—personal residences don’t qualify.
  • Pitfalls: Touching the money, missing deadlines, or mixing personal use = taxable event.
  • Local impact: NJ conforms to federal rules; PA does too, but cross-border investors face added complexity.

What is a 1031 Exchange?

Under Section 1031 of the Internal Revenue Code, you can sell an investment or business-use property and reinvest the proceeds into another “like-kind” property—deferring taxes you would otherwise owe on gains and depreciation recapture.

Eligible Properties

  • Rental homes
  • Multi-family apartments
  • Commercial buildings
  • Raw land

Not Eligible

  • Primary residences
  • Vacation homes for personal use
  • Properties held for resale (fix-and-flip projects)


Pro tip: Even if a 1031 defers taxes, your basis and depreciation schedules carry forward. That means careful tracking is essential. At Dan Reganata CPA, we provide professional Accounting Services and Bookkeeping Services to keep your records accurate.

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The 1031 Exchange Timeline (2025 Rules)

Step Deadline Requirement
Day 0 Closing on old property Proceeds must go to a Qualified Intermediary (QI). You cannot touch the money.
Day 45 Identification deadline Must submit a written list of up to 3 potential replacement properties to your QI.
Day 180 Closing deadline Must close on one or more of the identified properties within 180 days.

Important: Deadlines are strict. No extensions for weekends, holidays, or delays in financing.

Like-Kind Property Rules

“Like-kind” does not mean “exactly the same.” The IRS defines it broadly:


Allowed:



  • NJ rental → PA multi-family
  • Commercial building → Vacant land
  • Single-family rental → Delaware Statutory Trust (DST)


Not allowed:


  • Investment duplex → New primary residence
  • Personal vacation home → Rental (unless converted under strict IRS safe harbor)

Common Mistakes to Avoid

  1. Handling the money yourself – Proceeds must stay with a QI.
  2. Missing the 45/180-day deadlines – Even one day late disqualifies the exchange.
  3. Receiving “boot” – Cash, mortgage relief, or non-like-kind property may trigger partial tax.
  4. Mixing personal use – If you use the property personally, it usually won’t qualify.
  5. Skipping recordkeeping – Depreciation recapture and basis adjustments must be documented.


At Dan Reganata CPA, our Corporate Tax Preparation team works directly with your QI and lender to make sure every step is compliant.

NJ & PA State Considerations

  • New Jersey: Follows federal 1031 rules—gains can be deferred at the state level.
  • Pennsylvania: Also conforms, but NJ residents selling PA property must handle residency credits and potential multi-state filings.
  • Cross-border owners: Cherry Hill and South Jersey investors often own PA rentals—this makes CPA support essential for dual filings.

FAQ

  • Can I do a 1031 exchange with just one rental property?

    Yes. A single-family rental qualifies if it’s held for investment.

  • What if I receive some cash back (“boot”)?

    You’ll owe tax on the amount received, even if the rest of the transaction qualifies.

  • Can I exchange into multiple properties?

    Yes. Under the “3-property rule,” you can identify up to 3 options and close on one or more.

  • Do I need a CPA for a 1031 exchange?

    Yes. A QI handles funds, but your CPA ensures compliance with federal/state tax filings and depreciation tracking.

Final Thoughts

A 1031 exchange can help you defer taxes and grow your portfolio faster, but it requires strict compliance with IRS deadlines and rules. For NJ and PA investors, the details matter even more—especially if you cross state lines.


Next Step: Contact Dan Reganata, CPA, MBA, PFS in Cherry Hill, NJ. We’ll guide your 1031 exchange with full 1031 Exchange, Accounting, and Corporate Tax Preparation support—so you keep your profits working for you.

Contact Information

Dan Reganata CPA MBA PFS

1892 Greentree Road, Suite 2, Cherry Hill, NJ 08003

(856) 874-1892

danr@dsrjcpa.com


Business Hours:

Mon – Fri: 9:00 AM – 5:00 PM

Sat & Sun: Closed

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