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1031 vs Sell-and-Pay: Net-After-Tax Comparison Calculator

A Phoenix investor bought a fourplex in 2014 for $420K. She's claimed $130K of depreciation over 10 years. A buyer offers $1.02M. Her gain: $600K in long-term capital appreciation plus $130K of depreciation recapture. If she sells and pays, the federal bill is roughly $168,000. If she 1031-exchanges into a replacement property, the bill is $0 — for now. But “for now” carries its own cost: a compressed 45-day identification window, deferred recapture that compounds, and a replacement property saddled with her original low basis. Here's the side-by-side math, including the scenario where selling and paying actually wins.

Emily Martinez, CPA, CCIM
Real Estate Tax Editor
Updated May 12, 2026
12 min
2026 verified
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The two paths: defer everything or pay now and reset

Every rental property sale forks into two outcomes. Path A: a 1031 exchange under IRC § 1031 defers the entire tax bill by rolling proceeds into a replacement property within strict deadlines. Path B: you sell, pay capital gains tax plus depreciation recapture, and walk away with clean cash and a fresh-basis acquisition on your next purchase.

Most 1031 content frames this as a no-brainer — “why pay taxes when you can defer?” That framing ignores what deferral actually costs: compressed basis, accumulated recapture exposure, a 45-day identification window that forces rushed decisions, and a replacement property you may not actually want. The math is more interesting than the headline.

Worked example: Phoenix fourplex, $1.02M sale

A Phoenix investor (married filing jointly, $280K household MAGI) bought a fourplex in 2014 for $420,000. She's taken $130,000 of depreciation deductions over the hold period. Adjusted basis: $290,000. A buyer offers $1,020,000.

The gain breakdown

ComponentAmountTax rateFederal tax
Capital gain ($1,020K − $420K original cost)$600,00015% LTCG + 3.8% NIIT = 18.8%$112,800
Depreciation recapture (IRC § 1250)$130,00025% (max rate on unrecaptured § 1250 gain)$32,500
Total gain: $730,000Effective rate: ~19.9%$145,300

Arizona state income tax adds another layer — the flat 2.5% rate applies to capital gains as ordinary income. On the $730,000 combined gain, that's roughly $18,250. Total tax bill if she sells and pays: approximately $163,550.

Why 15% LTCG instead of 20%? At $280K MFJ MAGI, she's in the 15% LTCG bracket (which applies up to $600,050 MFJ in 2026). The 3.8% NIIT kicks in because her MAGI exceeds $250K MFJ under IRC § 1411.

Path A: 1031 exchange — defer and roll

She uses a Qualified Intermediary (QI), identifies a $1.3M replacement duplex in Scottsdale within 45 days, and closes within 180 days. The exchange defers the entire $145,300 federal bill and the $18,250 state bill. Zero tax in 2026.

But the replacement property inherits her old basis. Here's the math:

ItemSell-and-pay path1031 exchange path
Replacement property purchase price$1,300,000$1,300,000
Basis in replacement property$1,300,000 (fresh cost basis)$570,000 (carryover: $290K adj. basis + $280K new equity)
Embedded gain on day 1$0$730,000
Depreciation recapture carried forward$0$130,000 (plus new depreciation)
Annual depreciation deduction (residential, 27.5 yr)~$47,270/yr~$20,730/yr (lower basis = lower deductions)

The 1031 path saves $163,550 now but creates three costs: (1) $730K of embedded gain that grows with appreciation, (2) $26,540/yr less in depreciation deductions, and (3) $130K+ of recapture that compounds with each year's new depreciation.

Path B: sell, pay, and buy clean

She pays the $163,550 total tax, nets $856,450 after tax, and uses that plus a new mortgage to buy the same $1.3M Scottsdale duplex. Her basis is $1,300,000 — the full purchase price. She starts a new depreciation schedule at the higher basis, generating $26,540/yr more in deductions than the 1031 path.

Over 10 years, those extra depreciation deductions are worth roughly $265,400 in additional write-offs. At a 24% marginal tax rate, that's ~$63,700 in tax savings from depreciation alone — partially offsetting the $163,550 she paid upfront.

The 10-year compounding comparison

This is where the analysis gets real. Assume the $1.3M replacement property appreciates at 4% annually and she sells after 10 years.

Factor1031 exchange pathSell-and-pay path
Property value at year 10 (4% annual)$1,924,000$1,924,000
Accumulated depreciation (10 yrs)$207,300$472,700
Adjusted basis at year 10$362,700$827,300
Total gain on sale$1,561,300$1,096,700
Depreciation recapture exposure$337,300 ($130K old + $207.3K new)$472,700
Capital gain (above recapture)$1,224,000$624,000
Federal tax at exit (est.)~$314,400~$235,600
Tax paid at original sale$0$163,550
Total lifetime federal tax~$314,400~$399,150

The 1031 path saves roughly $84,750 in lifetime federal tax on this scenario. But that's before accounting for the time value of the $163,550 paid in the sell-and-pay path. At a 7% annual return on that cash (invested elsewhere for 10 years), that's ~$158,000 in opportunity cost — which would flip the outcome in favor of selling and paying.

The takeaway: the 1031 wins clearly only when the investor has a long hold horizon AND plans to either (a) keep exchanging indefinitely or (b) hold to death for the IRC § 1014 stepped-up basis.

The death step-up: why “buy and die” is a real strategy

Under IRC § 1014, inherited property gets its basis reset to fair market value at the date of death. This wipes the deferred gain AND all accumulated depreciation recapture from every 1031 exchange in the chain. For an investor who has exchanged three times over 30 years, building up $2M of deferred gains and $600K of recapture, the step-up at death eliminates the entire deferred liability.

The heirs receive the property with a clean basis and can sell immediately with near-zero tax. In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), both halves of jointly held property get the full step-up at the first spouse's death.

This is the strongest argument for the 1031 path: if you never plan to sell the final property during your lifetime, the deferred tax is permanently eliminated. The IRS collects nothing. The strategy works. The catch: you have to actually hold it until death, which means decades of property management, insurance, and the illiquidity that comes with it.

When selling and paying wins (the part most guides skip)

1. You're over 60 and simplifying

For most rental investors over 60 who want to exit active management, taking the gain at current LTCG rates and stepping up the next purchase is often better than another 1031. The 0%/15%/20% LTCG rate plus 25% recapture rate is a known, manageable bill. A 75-year-old facing a $400K deferred tax bill from decades of exchanges isn't in a great position to handle it — and if they don't die holding the property, the bill comes due at the worst possible time.

2. You want to redeploy into non-real-estate

A 1031 exchange is limited to like-kind real property (IRC § 1031, post-TCJA). If the best use of your capital is an index fund, a business acquisition, or paying down your primary residence mortgage, the exchange can't help you. Selling and paying gives you unrestricted liquidity.

3. The 45-day window forces a bad deal

You have 45 calendar days from the sale of the relinquished property to identify up to three replacement properties (or more under the 200% rule). In a tight market, investors routinely overpay or settle for inferior properties to meet this deadline. A failed identification means the exchange fails entirely — and you pay the full tax bill anyway, plus you've lost months of market positioning.

4. You're in the 0% LTCG bracket

If your taxable income (after deductions) is below $96,700 MFJ or $48,350 single in 2026, your long-term capital gains rate is 0%. A retiree with low other income can potentially sell a rental property and pay only the 25% depreciation recapture — no LTCG tax, no NIIT. In that scenario, deferring through a 1031 makes little sense.

Depreciation recapture: the hidden anchor in every 1031 chain

Most 1031 guides focus on capital gains deferral and barely mention recapture. Depreciation recapture under IRC § 1250 is taxed at a maximum 25% federal rate — higher than the 15% or 20% LTCG rate most investors pay on the appreciation portion.

In a 1031 exchange, recapture doesn't disappear. It carries forward to the replacement property. After three exchanges over 25 years, an investor who started with $50K of depreciation may have $350K+ of accumulated recapture — all of which becomes due the moment the chain breaks.

Cost segregation under IRC § 168 accelerates depreciation into the early years of ownership, which increases cash flow but also increases recapture exposure on sale. If you've done a cost segregation study on a property you're now exchanging, the accelerated components (5-, 7-, and 15-year property) create IRC § 1245 recapture taxed as ordinary income — not at the 25% cap, but at your full marginal rate (up to 37%).

Passive activity losses and real estate professional status

Under IRC § 469, rental real estate losses are generally passive — they can only offset other passive income. If you sell and pay, the suspended passive losses from that property are released and can offset the gain, reducing your tax bill.

In a 1031 exchange, those suspended losses carry over to the replacement property. They're not released because you haven't disposed of the activity in a fully taxable transaction. This is another hidden cost of the exchange: losses that could have reduced your tax bill stay locked up.

For investors who qualify as real estate professionals under IRC § 469(c)(7) — the 750-hour material participation test — rental losses are non-passive and can offset W-2 or business income currently. REPS status makes depreciation deductions immediately usable, which favors the sell-and-pay path's higher-basis depreciation schedule.

The Opportunity Zone alternative

If a 1031 exchange fails (missed the 45-day window, couldn't find a replacement, deal fell through), the recognized gain can be invested into a Qualified Opportunity Fund within 180 days under IRC § 1400Z-2. Unlike a 1031, you only invest the gain amount — not the entire proceeds. And if you hold for 10 years, all new appreciation inside the fund is permanently excluded from federal tax, with no dollar cap.

The OZ path makes sense when: (1) your target market happens to include designated census tracts, (2) you can commit capital for a full decade, and (3) you want deferral on gains from non-real-estate sources that a 1031 can't touch.

Short-term rentals: Schedule C vs Schedule E classification

If the property you're selling is a short-term rental with an average stay under 7 days, the IRS may classify it as a business (Schedule C) rather than a rental activity (Schedule E). Under the 7-day rule exception in Treas. Reg. § 1.469-1T(e)(3)(ii)(A), short-stay rentals with substantial services are not passive activities — meaning the gain on sale may be ordinary income (not LTCG) and may be subject to self-employment tax.

This classification also affects whether a 1031 exchange is available. Property held as inventory or primarily for sale to customers does not qualify for 1031 treatment. If your Airbnb operation looks more like a hotel business than a passive rental, get the classification nailed down before planning any exchange.

Decision framework: 1031 vs sell-and-pay

FactorFavors 1031 exchangeFavors sell-and-pay
Age / hold horizonUnder 55, plan to hold or exchange indefinitelyOver 60, simplifying portfolio
Intent at deathWill die holding real estate (step-up wipes all)May sell during lifetime
Capital redeploymentStaying in real estateMoving to stocks, bonds, business, or cash
Current LTCG bracket20% + NIIT (23.8% effective)0% or 15% (low tax cost to pay now)
Replacement property marketStrong inventory, realistic 45-day IDTight market, risk of forced overpay
Suspended passive lossesMinimal suspended lossesLarge suspended losses (released on taxable sale)
Depreciation recaptureModerate recapture, plan to carry forwardLarge accumulated recapture from prior exchanges
State tax arbitrageSelling in high-tax state, buying in no-tax stateAlready in a no-tax state (no state deferral benefit)

The 1031 exchange deadlines: 45 days and 180 days

Under IRC § 1031 and Rev. Proc. 2000-37:

  • Day 0: you close on the sale of the relinquished property. Proceeds go to your Qualified Intermediary.
  • Day 45: deadline to identify replacement properties in writing to the QI. You can identify up to 3 properties (regardless of value) or any number whose combined FMV doesn't exceed 200% of the relinquished property's value.
  • Day 180: deadline to close on the replacement property (or your tax return due date including extensions, whichever is earlier).

These deadlines are hard. There are no extensions (the IRS granted temporary COVID-era relief, but that's expired). A missed deadline collapses the exchange — the gain is fully recognized in the year of the original sale.

Reverse exchanges: buy before you sell

If you find the replacement property before selling the relinquished property, a reverse exchange under Rev. Proc. 2000-37 lets an Exchange Accommodation Titleholder (EAT) take title to the replacement while you sell the old property. The same 45/180-day deadlines apply, but they run from the date the EAT acquires the replacement. Reverse exchanges are more expensive ($5K–$15K in fees) and require a lender willing to finance a property held by an EAT — not all will.

Action steps

  1. Run the recapture math first. Before deciding between 1031 and sell-and-pay, calculate your depreciation recapture separately from your capital gain. The recapture portion is taxed at 25% regardless of your LTCG bracket — and cost-segregated properties may face ordinary income recapture on § 1245 components at rates up to 37%.
  2. Check your LTCG bracket. If you're in the 0% bracket (below $96,700 MFJ or $48,350 single in 2026), the case for deferral weakens significantly. You may never pay a lower rate than you can pay today.
  3. Model the buy-and-die scenario. If you genuinely plan to hold real estate until death, the 1031 path with a step-up under IRC § 1014 eliminates all deferred tax. This is the strongest 1031 case — but it requires decades of commitment.
  4. Check suspended passive losses. Under IRC § 469, suspended losses release on a fully taxable disposition. If you have six figures of suspended losses from the property, selling and paying may cost far less than the headline rate suggests.
  5. If you 1031, line up the QI and replacement candidates early. The 45-day clock is the pressure point. Have a Qualified Intermediary engaged before closing, and begin identifying replacements before the relinquished property closes.

The decision lever that matters: a 1031 exchange is the right tool for accumulators with a clear hold-to-death intent or a specific replacement property already in mind. For investors over 60 who want to simplify, who want to move capital out of real estate, or who face a tight replacement market — selling and paying at today's LTCG rates and resetting the basis is often the better math. Run both scenarios with your actual numbers before choosing.

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Frequently asked

Three federal taxes apply: (1) long-term capital gains tax at 0%, 15%, or 20% depending on your taxable income — the 20% rate kicks in above $533,400 single or $600,050 MFJ in 2026; (2) Net Investment Income Tax (NIIT) of 3.8% on the lesser of net investment income or MAGI above $200K single / $250K MFJ under IRC § 1411; and (3) depreciation recapture at a maximum federal rate of 25% on all depreciation claimed or allowable under IRC § 1250. State income tax may add another layer — California charges up to 13.3%, while Texas, Florida, and Nevada charge 0%. The effective combined federal rate on a high-income investor’s rental sale is typically 23.8% on the capital gain plus 25% on the recapture portion.

Under IRC § 1031, you can defer all capital gains tax and depreciation recapture by selling investment real property and reinvesting the full proceeds into like-kind replacement property. ‘Like-kind’ for real estate means any US real property held for investment or business use — you can exchange a residential rental for a commercial building or raw land. Since TCJA 2017, only real property qualifies (no personal property, no equipment, no crypto). You must use a Qualified Intermediary (QI) who holds the proceeds — you cannot touch the money. The exchange has two hard deadlines: 45 days to identify replacement properties and 180 days to close (or your tax return due date, whichever is earlier).

Depreciation recapture is deferred, not eliminated. When you 1031-exchange, the replacement property inherits the original property’s low adjusted basis — including all prior depreciation. If you eventually sell without exchanging, the entire accumulated recapture across every exchange in the chain is taxed at up to 25% federal. The only way to permanently avoid recapture is to hold the final property until death, when IRC § 1014 steps up the basis to fair market value and wipes both the deferred gain and the recapture.

Selling and paying often wins in three scenarios: (1) you’re over 60, plan to simplify your portfolio, and don’t want to manage another rental property just to defer tax — the 0%/15%/20% LTCG rate plus 25% recapture may be a manageable bill compared to decades of deferred basis compression; (2) you want to redeploy into non-real-estate assets (stocks, bonds, a business) that a 1031 can’t accommodate since it’s limited to like-kind real property; or (3) the 45-day identification window is too tight in your target market and you risk a failed exchange, which triggers the full tax bill anyway with none of the planning benefit.

Yes. Under IRC § 1014, inherited property receives a basis adjustment to fair market value at the date of death. This wipes both the deferred capital gain and all accumulated depreciation recapture from prior 1031 exchanges. For investors with a clear ‘buy-and-die’ strategy — meaning they intend to hold investment real estate until death and pass it to heirs — the 1031 exchange is one of the most powerful wealth-transfer tools in the code. The heirs receive the property with a clean, stepped-up basis and can sell immediately with minimal or zero tax.

Yes. IRC § 1031 has no geographic restriction within the United States — you can sell a rental in California and exchange into property in Texas or Florida. This creates a state-tax-arbitrage opportunity: if you sell in a high-tax state and exchange into a no-income-tax state, you defer the federal tax AND may avoid the state tax entirely if you establish the replacement property in a state that doesn’t tax real estate capital gains. However, some states (notably California) have clawback rules that tax the deferred gain if the original property was located in that state, regardless of where the replacement is.

A Qualified Intermediary (QI) is a third party who holds the sale proceeds during a 1031 exchange. Under IRC § 1031 and Treasury Regulation § 1.1031(k)-1(g)(4), if you receive the cash — even briefly — the exchange fails and the gain is immediately taxable. The QI takes assignment of the sale contract, receives the proceeds at closing, and disburses them directly to the seller of the replacement property. The QI cannot be your attorney, CPA, broker, or anyone who has acted as your agent in the prior two years. QI fees typically run $750–$1,500 per exchange.

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