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How 1031 Exchange Rules Differ in Florida vs. Texas

  • Writer: Laurene Rodriguez
    Laurene Rodriguez
  • Nov 10, 2025
  • 2 min read
Two business professionals shaking hands

A 1031 exchange allows real estate investors to defer capital gains taxes when selling one investment property and purchasing another of “like-kind.” While the IRS sets the main rules for 1031 exchanges nationwide, real estate markets and state regulations can influence how the exchange process unfolds in different places.


If you’re considering a 1031 exchange in Florida or Texas, understanding the similarities and subtle differences can help you make confident, well-timed decisions. Below, we break down what investors need to know in each state.

1031 Exchange Rules in Florida

Florida is one of the most popular states for investment property owners, especially those managing rental real estate or vacation rentals held for income.


State Taxes

Florida does not levy a state income tax, which means your 1031 exchange is generally only subject to federal IRS guidelines, not additional state-level taxation.


Timelines

The standard federal timing rules apply:

  • 45 days to identify your replacement property

  • 180 days to complete the purchase and close


Eligible Property Types

Florida allows exchanges for most real estate held for investment, including:

  • Rental homes and condos

  • Multi-family properties

  • Commercial buildings

  • Some vacation homes, if they are held primarily for investment, not personal use

Investors should ensure proper documentation to prove the property qualifies as investment-use.

1031 Exchange Rules in Texas

Texas also remains a top market for real estate investors, especially those acquiring rental properties, commercial real estate, and land for development.


State Taxes

Like Florida, Texas does not have a state income tax, so your exchange is guided by federal rules.


Eligible Property Types

You can typically exchange:

  • Residential income properties

  • Commercial properties (retail, office, industrial)

  • Raw or undeveloped land


Market Timing Considerations

Texas markets such as Dallas, Austin, and Houston can move quickly. Because the 45-day identification window is fixed, investors in Texas often benefit from working with a Qualified Intermediary early to avoid rushed or disqualified property picks.

Key Takeaways for Real Estate Investors

Factor

Florida

Texas

State Income Tax

None

None

1031 Timelines

Federal Rules Apply

Federal Rules Apply

Qualifying Properties

Rental, commercial, certain vacation homes

Rental, commercial, land

Practical Differences

Seasonal markets, strong vacation rental activity

Fast-moving metro markets require proactive planning

Bottom Line:

Both states follow the same federal IRS 1031 exchange guidelines. The biggest difference lies in local market dynamics, available property types, and timing strategies.


Working with a Qualified Intermediary (QI) ensures compliance, keeps your funds secure, and helps keep your exchange on track.

Get Support for Your 1031 Exchange

Whether you’re exchanging property in Florida, Texas, or another state, the right guidance makes the process smooth and stress-free.


Ready to move forward? Get started with Sunwest and ensure your 1031 exchange is handled securely and correctly from start to finish.

 
 
 

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Sunwest 1031, LLC is a sister company of Sunwest Escrow, headquartered in Albuquerque, New Mexico, and trusted since 1987 for secure and compliant real estate transactions. We specialize in 1031 exchange services as a Qualified Intermediary, helping real estate investors complete like-kind exchanges and defer capital gains taxes. Our team supports tax-deferred property exchanges across New Mexico, Texas, Arizona,

Michigan, and Florida, ensuring a smooth, professional process from start to finish. Contact us today to schedule an appointment and begin your 1031 exchange with confidence.

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