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Essential Guide for Maryland Real Estate Agents on 1031 Exchanges

Nicholas A. Henault, Esq. · June 25, 2025

Maryland real estate agents often field questions about 1031 exchanges, which allow investors to defer capital gains taxes on the sale of investment property when they reinvest in like-kind property. While these transactions can benefit clients, agents should understand the basics, timing requirements, and potential pitfalls before offering guidance.

Key Requirements
• Like-Kind Properties: 1031 exchanges only apply to investment or business-use real property. Personal residences or vacation homes usually don’t qualify unless they adhere to detailed usage requirements.
• Strict Timelines: After closing on the relinquished property, the investor has 45 days to identify replacement property and 180 days to complete the acquisition. These deadlines are firm, even in Maryland.
• Qualified Intermediary Use: Investors cannot take control of funds between the sale of the relinquished property and purchase of the replacement property. A Qualified Intermediary must hold the proceeds to maintain compliance.
• State-Specific Tax Considerations: Maryland taxes capital gains at state and local levels. While a 1031 exchange defers federal and Maryland state capital gains taxes, investors must also stay aware of possible recapture taxes. If a replacement property is later sold without doing another 1031 exchange, previously deferred gains will be recognized and taxed.

Potential Pitfalls in Maryland
• Selecting Property Ineligible for Exchange: Agents sometimes assume any real property qualifies. Properties must be held for investment or business, and flipping or quick resell intentions can jeopardize eligibility.
• Misunderstanding the Ground Lease Market: Maryland has a history of ground leases. Agents should confirm that any ground lease considered in a 1031 exchange meets the IRS requirement for “real property interests.”
• Missing Deadlines: Maryland’s real estate market can be competitive. If clients wait too long to identify or close on replacement property, they will lose 1031 benefits. Agents should motivate clients to plan early.
• Negotiating With Sellers or Buyers Unaware of 1031 Terms: Some sellers may not understand the 1031 process, creating complications in contract negotiations. Ensure relevant parties know you’re structuring a 1031 exchange from the outset.

Best Practices for Real Estate Agents
• Keep Clients Informed: While agents cannot deliver formal legal or tax advice, they should recognize common issues and direct clients to qualified tax professionals or intermediaries.
• Plan for Delays: Encourage clients to anticipate possible financing or closing delays. Extra time is essential as the 45- and 180-day windows are inflexible.
• Maintain Detailed Records: Advise clients to track property expenditures and capital improvements. Proper documentation supports the investment use claim, making the 1031 audit trail clearer.

Frequently Asked Questions

1. “Can a second home in Maryland qualify for a 1031 exchange?”
If the property is purely personal, it does not qualify. However, if it’s rented out or considered a business-use asset for a sufficient period, it may be eligible for 1031 deferral.

2. “How do I handle the 45-day identification rule if I can’t find suitable Maryland properties?”
You may elect to identify out-of-state replacement real estate. The 1031 exchange is federally regulated, so you can purchase anywhere in the U.S. as long as you follow the like-kind and timing requirements.

Primary sources

Related reading

Planning an exchange in Maryland? See BlueLion’s flat-fee pricing or start your exchange.

This guide is general information about 1031 exchanges, not tax or legal advice for your transaction. BlueLion 1031 serves as a qualified intermediary and does not provide tax, legal, investment, or real estate brokerage advice.

Nicholas A. Henault, Esq.Managing Director of BlueLion 1031, a qualified intermediary in Glen Burnie, Maryland. Ask a question about your exchange.

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