Proposed Key Changes to 1031 Rules Under the Biden Administration’s New Plan

NYC-based boutique law firm Pardalis & Nohavicka brings the latest legal updates from the world of real estate. Pardalis & Nohavicka handles an eclectic array of matters, representing individuals and business owners in civil litigation, criminal cases and business transactions, currently litigating and representing clients throughout the United States and around the world. 

A 1031 exchange is a tax-deferred transaction that allows real estate investors to sell one property and reinvest the proceeds into another property, thereby deferring capital gains taxes. However, the Biden administration has proposed significant changes to the 1031 exchange rules that aim to limit eligibility, increase tax rates and cap deferral amounts. Here’s how these changes could affect investors and the economy:

  • Limiting eligibility for 1031 exchanges: The Biden administration’s plan aims to limit the eligibility for 1031 exchanges by focusing on high-income individuals and corporations. This change could restrict the use of 1031 exchanges for certain investors.
  • Capital gains tax increase: Through the proposed plan, the capital gains tax rate would increase to 39.6% for the highest-earning individuals. Consequently, this could reduce the attractiveness of 1031 exchanges as a tax mitigation strategy.
  • Capping deferral amount: The Biden administration proposes capping the deferral amounts for 1031 exchanges at $500,000 for individuals and $1 million for married individuals. This means that any gain beyond $500,000 would be subject to immediate taxation, potentially affecting investors’ abilities to reinvest the full proceeds of a sale.
  • Increased reporting and compliance requirements: The proposed plan includes stricter reporting and compliance requirements for 1031 exchanges. As such, investors would likely face additional administrative burden and scrutiny when conducting these transactions.
  • Implications for small businesses: Many small businesses rely on and utilize 1031 exchanges for expansion or restructuring, and these businesses may now face challenges due to the proposed changes. Specifically, limited eligibility and increased tax burdens could hinder the ability of small businesses to leverage tax-deferred exchanges for growth.
  • Economic influence and congressional approval: The proposed changes could have severe effects on the economy. Namely, critics state that restricting 1031 exchanges may severely reduce investment activity in properties and could dampen economic growth. Additionally, it’s important to note that all of the proposed changes are subject to congressional approval, so the final outcome may be very different based on future legislative negotiations.

While the ultimate effect of these changes is somewhat uncertain, it’s important for investors to stay informed and up to date with the latest information by consulting with legal and tax professionals to navigate any potential implications of their investment strategies.


John Pak serves as the Real Estate Chair at the Law Offices of Pardalis & Nohavicka. He is a transactional attorney specializing in acquisitions, dispositions and leasing.  A graduate of Brooklyn Law School, he received his BA in Political Science from New York University.  Prior to joining PN Lawyers, John owned his own private law practice for 15 years and a title company for 6 years.

Taso Pardilis

Taso Pardalis is a founding partner of the Law Offices of Pardalis & Nohavicka, a leading full- service NYC law firm with offices in Manhattan, Queens and WeWork. Taso may be a well-known attorney with many cases making headlines in major media outlets, but at heart, he is a true entrepreneur that believes in supporting the small business community. His areas of concentration are: Intellectual Property, Trademarks, Corporate, Business Law and Real Estate Law.

Eliza Theiss

Eliza Theiss

Eliza Theiss is a senior writer reporting real estate trends in the US. Her work has been cited by CBS News, Curbed, The Los Angeles Times, and Forbes among others. With an academic background in journalism, Eliza has been covering real estate since 2012. Before joining PropertyShark, Eliza was an associate editor at Multi-Housing News and Commercial Property Executive. Eliza writes for both PropertyShark and CommercialEdge. Reach her at [email protected]