--- title: A 1031 Exchange Alternative for a $1.2M Real Estate Sale description: "A 1031 exchange alternative in practice: how one couple deferred $410,050 in capital gains and depreciation recapture with an Installment Sales Trust and QOZ. Read the case study." image: https://blog.hwtaxstrategies.com/hubfs/AdobeStock_489678682.jpeg --- [Skip to main content](https://blog.hwtaxstrategies.com/insights/navigating-capital-gains-taxes-a-1031-exchange-alternative#maincontent) [Login](https://login.orionadvisor.com/login.html?g=6ad25fdc-1d37-4c1d-80b1-f64d1cd5c2e5&e=2&i=1899) [Secure Documents](https://www.encyro.com/hwtaxstrategies) [![HW Tax Strategies](https://blog.hwtaxstrategies.com/hs-fs/hubfs/Branding/Logos/Tax%20Strat%20logo%20-02.png?width=307&height=93&name=Tax%20Strat%20logo%20-02.png) ![Tax Strat logo -06](https://blog.hwtaxstrategies.com/hs-fs/hubfs/Branding/Logos/Tax%20Strat%20logo%20-06.png?width=8536&height=2592&name=Tax%20Strat%20logo%20-06.png)](https://hwtaxstrategies.com) [Home](https://hwtaxstrategies.com/) [About](https://hwtaxstrategies.com/about) [Strategy](https://hwtaxstrategies.com/strategy) [Services](https://hwtaxstrategies.com/services) [Resources](https://blog.hwtaxstrategies.com/insights) - [Blog](https://blog.hwtaxstrategies.com/insights) - [FAQ](https://hwtaxstrategies.com/faq) [Contact Us](https://hwtaxstrategies.com/contact-us) Search for topics or resources Enter your search below and hit enter or click the search icon. 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Search for topics or resources Close Search [Home](https://hwtaxstrategies.com/) [About](https://hwtaxstrategies.com/about) [Strategy](https://hwtaxstrategies.com/strategy) [Services](https://hwtaxstrategies.com/services) [Resources](https://blog.hwtaxstrategies.com/insights) Resources [Resources](https://blog.hwtaxstrategies.com/insights) [FAQ](https://hwtaxstrategies.com/faq) [Blog](https://blog.hwtaxstrategies.com/insights) [Contact Us](https://hwtaxstrategies.com/contact-us) [Login](https://login.orionadvisor.com/login.html?g=6ad25fdc-1d37-4c1d-80b1-f64d1cd5c2e5&e=2&i=1899) [Secure Documents](https://www.encyro.com/hwtaxstrategies) [«  View All Posts](https://blog.hwtaxstrategies.com/insights) # A 1031 Exchange Alternative for a $1.2M Real Estate Sale 3 min read By [Dan Blair](https://blog.hwtaxstrategies.com/insights/author/dan-blair) ![Conversation in office talking about selling Real Estate and Navigating Capital Gains Taxes](https://blog.hwtaxstrategies.com/hs-fs/hubfs/AdobeStock_489678682.jpeg?width=7052&height=2822&name=AdobeStock_489678682.jpeg) Selling an investment property can be an exciting financial milestone, but it also comes with potential tax pitfalls that can erode profits. Capital gains taxes, depreciation recapture, and the 3.8% Net Investment Income Tax (NIIT) can add up quickly, leaving sellers with a much smaller return than expected. In this case study, we'll examine how a real estate investor, John and his wife Sarah, navigated the sale of their rental property while minimizing their tax burden. With a property that had been depreciated for years and the prospect of significant capital gains, they needed a solution beyond a traditional 1031 exchange Background: A Lucrative Investment, But a Costly Tax Bill ## Case Study: John and Sarah’s Real Estate Sale and Tax Challenge Background: A Lucrative Investment, But a Costly Tax Bill - **Property Purchased:** 20 years ago for $400,000 - **Depreciation Taken:** $250,000 over 20 years - **Current Property Value:** $1.2 million - **Planned Sale Price:** $1.2 million - **John & Sarah’s Tax Bracket:** Combined annual income of $250,000 - **State of Residence:** California (subject to high state taxes) - **Goal:** Minimize taxes while accessing capital for new investment ## The Tax Breakdown: Understanding the Liabilities Upon selling, John and Sarah faced several tax considerations: ## **Capital Gains Tax:** - Original purchase price: **$400,000** - Depreciation reduces adjusted basis: **$400,000 - $250,000 = $150,000** - Gain on sale: **$1.2M - $150,000 = $1.05M** - Federal long-term capital gains tax rate: **15-20%** - California state capital gains tax (where applicable): **9.3%** ## **Depreciation Recapture:** - Depreciation claimed: **$250,000** - Taxed at **25% rate** - Tax owed: **$62,500** - **3.8% Medicare Surtax (NIIT):** Since their income exceeds $250,000, they are subject to 3.8% Net Investment Income Tax on the gain - NIIT on gain:  **$1.05M x 3.8% = $39,900** ## Total Estimated Taxes on the Sale | **Tax Type** | **Amount** | | --- | --- | | Federal Capital Gains Tax (20%) | ~$210,000 | | California Capital Gains Tax (9.3%) | ~$97,650 | | Depreciation Recapture (25%) | $62,500 | | Net Investment Income Tax (3.8%) | $39,900 | | **Total Estimated Tax Bill** | **$410,050** | John and Sarah would need to immediately pay over $410,000 to taxes, significantly cutting into their investment gains. ## Exploring a 1031 Exchange Alternative John and Sarah initially considered a 1031 exchange, which allows investors to defer capital gains taxes by reinvesting proceeds into another property. However, they wanted to diversify their portfolio without managing another rental. Instead, their financial advisor introduced them to [Deferred Sales Trust](https://hwtaxstrategies.com/strategy) (DST) and Qualified Opportunity Zone (QOZ) Funds as alternative solutions. ## Option 1: Deferred Sales Trust (DST) A **Deferred Sales Trust** allows sellers to defer capital gains taxes by placing the proceeds into a specialized trust in exchange for a Promissory Note. The trust can reinvest the pre-tax sale proceeds in various assets, which are used to secure the promissory note. Instead of paying taxes upfront, they receive structured installment payments based on the pre-tax sale proceeds, reducing their immediate taxable income. Benefits of the DST include: - **Tax Deferral:** No immediate capital gains tax due at the sale. - **Income Management:** Payments can be structured to manage annual tax liabilities. - **Investment Flexibility:** Funds securing promissory note can be reinvested into diversified assets, including real estate, stocks, or bonds. ## Option 2: Qualified Opportunity Zone (QOZ) Fund – In Oil and Gas John and Sarah also explored investing in a **QOZ Fund**, which allows for deferral and reduction of capital gains taxes when reinvesting in designated Opportunity Zones. Benefits of QOZ Investments include: - **Deferred Tax Payment:** Capital gains taxes can be deferred until 2026. - **Potential Tax Reduction:** If held for at least 10 years, appreciation in the new investment can be **completely tax-free**. - **Social Impact:** Investing in underserved communities while benefiting from tax incentives. ## The Decision: Choosing the Best Strategy After consulting with their tax advisor, John and Sarah opted for a combination strategy: - **50% of their proceeds into a Deferred Sales Trust** to spread tax liabilities over time. - **50% into a Qualified Opportunity Zone Fund** for long-term tax-free appreciation. Outcome: - **Immediate tax savings:** No lump-sum tax payment of $410,050. - **Optimal income flow:** Managing taxable income for lower tax brackets. - **Long-term wealth growth:** QOZ investment could be fully tax-free after 10 years. ## Key Takeaways: Minimizing Taxes When Selling Investment Property - **Depreciation Recapture and NIIT Can Significantly Increase Tax Liabilities** - **1031 Exchanges Are a Great Option, But Not the Only One** - **Deferred Sales Trusts and QOZ Funds Offer More Flexibility** - **Tax Planning Before Selling is Critical to Maximizing Profits** If you’re considering selling your investment property and want to explore tax-efficient strategies, consult with a financial professional to find the best fit for your goals. --- *Disclaimer: This blog is for informational purposes only and does not constitute financial or tax advice. Always consult a professional before making investment or tax decisions.* *Horizon Wealth is registered as an investment advisor with the SEC and only transacts business in states where it is properly registered, or is excluded or exempted from registration requirements. Information presented on this program is believed to be factual and up-to-date, but we do not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed. Discussions and answers to questions do not involve the rendering of personalized investment advice, but are limited to the dissemination of general information. A professional advisor should be consulted before implementing any of the options presented.* [![New call-to-action](https://hubspot-no-cache-na2-prod.s3.amazonaws.com/cta/default/46340740/ebbcf1ea-33c5-406f-8652-5955bef22ade.png)](https://hubspot-cta-redirect-na2-prod.s3.amazonaws.com/cta/redirect/46340740/ebbcf1ea-33c5-406f-8652-5955bef22ade) [Dan Blair](https://blog.hwtaxstrategies.com/insights/author/dan-blair) Daniel Blair is the Founder, CEO, and CCO of Horizon Wealth and HW Tax Strategies. With a deep commitment to helping affluent individuals, business owners, and entrepreneurs preserve and grow their wealth, Dan leads his firms with a focus on engineering smart solutions to complex tax challenges. His approach centers on mitigating and deferring taxes through innovative strategies tailored to each client’s unique financial landscape. Guided by a strong faith in God, Dan believes we are all called to be good stewards of the resources entrusted to us. This belief inspires a mission-driven approach to financial planning and tax strategy. His passion lies in empowering clients to maintain and expand their wealth through thoughtful, strategic tax solutions. 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