Biden’s Proposed 2024 Budget & 1031 Exchanges

By Thomas P. Roussel | March 14, 2023

President Biden’s 2024 Budget

President Biden has released his proposed budget for 2024, which again looks to eliminate 1031 like-kind exchanges. A 1031 exchange is a tax-deferred exchange from Section 1031 of the Internal Revenue Code (IRC) that allows real estate investors to defer capital gains taxes when selling one investment property for another. This tax-deferred exchange involves using the proceeds from the sale of the relinquished property to acquire another like-kind piece of real estate of equal or greater value.

In a statement from the White House on Thursday, like-kind exchanges were referred to as a “sweetheart deal.” 

“Eliminate Tax Subsidies for Real Estate. The Budget saves $19 billion by closing the “like-kind exchange” loophole, a special tax subsidy for real estate. This loophole lets real estate investors – but not investors in any other asset – put off paying tax on profits from deals indefinitely as long as they keep investing in real estate. This amounts to an indefinite interest free loan from the government. Real estate is the only asset that gets this sweetheart deal.”

Help Us Preserve Section 1031

This isn’t the first administration to attempt to eliminate or change Section 1031; it’s a natural target for the Biden administration to generate additional revenue for the IRS. In April 2021, President Biden announced the “American Families Plan,” which proposed to cap like-kind exchanges for gains greater than $500,000.

After this plan was released, 1031 Crowdfunding launched a campaign strongly opposing the proposed changes. With your help, we were able to facilitate the sending of over 1000 letters to Congress voicing concern over the economic impact these changes would create. On September 13, 2021, the House Ways and Means Committee provided draft legislation language, and the proposed changes to Section 1031 were not included in the updated plan!

We have set up a new email opposing the elimination of 1031s in the President’s 2024 budget. Click below to send an electronic letter to Congress. We will send a message to your Congressional Representatives based on the address provided. 

Click here to message Congress…

Below is a map showcasing the states where investors have sent letters to Congress through our site. Investors from states marked in blue participated and darker blue indicates higher participation.



The Economic Impact of 1031 Exchanges

In the Ernst & Young Macroeconomic Impact Study: “Economic contribution of the like-kind exchange rules to the US economy in 2021: An update” (published in May of 2022), research showed the positive economic impact of 1031 like-kind exchanges. “In total, like-kind exchange rules were estimated to have supported $7.5 billion of investment at businesses that make use of the like-kind exchange rules, which together with their US suppliers, and the related US consumer spending, employed an estimated 976,000 workers earning $48.6 billion in wages and benefits and contributed to generating $97.4 billion in US value added in 2021.”

1031 exchanges have been bringing numerous benefits to our Nation’s economy for over one hundred years. Please help us preserve Section 1031 and like-kind exchanges; consider sending a letter to Congress today.

Click here to message Congress…

This material does not constitute an offer to sell or a solicitation of an offer to buy any security. An offer can only be made by a prospectus that contains more complete information on risks, management fees and other expenses. This literature must be accompanied by, and read in conjunction with, a prospectus or private placement memorandum to fully understand the implications and risks of the offering of securities to which it relates. As with all investing, investing in private placements is speculative in nature and involves a degree of risk, including loss of your principal. Past performance is not necessarily indicative of future results and forward-looking statements and projections are not guaranteed to achieve the results described and your actual returns may vary significantly. Investments in private placements are illiquid in nature and there may be no secondary market or ability to sell the investment should the need for liquidity arise. This material should not be construed as tax advice and you should consult with your tax advisor as individual tax situations will vary. Securities offered through Capulent, LLC Member FINRA, SIPC.


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