What is the total capital gains tax penalty if I sell without a 1031 exchange in New York?

In New York, an investor selling real estate without a 1031 exchange faces up to 20% federal capital gains tax, 3.8% Net Investment Income Tax (NIIT), 25% depreciation recapture tax, plus 10.9% New York state tax—resulting in a combined tax drag of 35% to 42%+ on total net proceeds.

What are the strict deadlines for an IRC § 1031 Exchange in New York?

The IRS enforces two immutable deadlines: (1) The 45-day Identification Period: You must formally identify replacement properties in writing by midnight of Day 45. (2) The 180-day Exchange Period: You must close title on the identified replacement property within 180 calendar days of relinquished closing. Weekends and holidays do not extend these deadlines.

What are the state-specific clawback laws in New York?

New York enforces "NYS Tax Law Sec. 631(b)(6) Non-Resident Withholding". If you sell property located in New York and exchange into out-of-state property, you may be required to file annual tracking returns until the gain is recognized.

Can I use a Delaware Statutory Trust (DST) for my 1031 exchange?

Yes. Under IRS Revenue Ruling 2004-86, beneficial fractional interests in a Delaware Statutory Trust (DST) qualify as like-kind real estate under Section 1031. DSTs allow investors to transition into passive, institutional-grade commercial real estate (Amazon logistics, Class-A multifamily, medical clinics) with zero landlord responsibilities.

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📍 New York Real Estate Exchange

1031 Exchange Capital Gains & Clawback Rules in New York

Selling commercial or investment real estate in New York? Without an IRC § 1031 exchange, you face up to 20% federal capital gains, 3.8% NIIT, 25% depreciation recapture, plus 10.9% New York state income tax.

New York Statutory Clawback & Filing Rules

Statute Requirement: NYS Tax Law Sec. 631(b)(6) Non-Resident Withholding

Average Cap Rates in New York currently sit at 5.1% - 5.7%. Transition into diversified Delaware Statutory Trust (DST) properties to eliminate tenant hassles.

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