The rules side by side
| 1031 exchange | DST (via 1031) | Opportunity Zone fund | |
|---|---|---|---|
| What gain qualifies | Gain on real property held for business or investment | Same (the DST is the replacement property) | Any capital gain: stock, crypto, real estate, a business |
| What you reinvest | The full net sale price, or the rest is taxable boot | Same | Only the gain |
| Deadline | Identify in 45 days, close in 180 days (§1031(a)(3)) | Same | Invest within 180 days of the gain (§1400Z-2(a)) |
| How long tax is deferred | Until you sell outside an exchange | Same | Investments after Dec 31, 2026: 5 years from each investment (P.L. 119-21, §70421) |
| Basis step-up | None | None | 10% after 5 years; 30% for a qualified rural fund (OZ 2.0) |
| Tax on appreciation | Deferred, then taxed on sale | Same | Excluded if held 10+ years (§1400Z-2(c)) |
| Management | You own and run the property | Passive; the sponsor runs the trust | Passive fund, or your own QOF |
| Primary source | IRC §1031 | Rev. Rul. 2004-86 | IRC §1400Z-2, P.L. 119-21 |
Can I combine a 1031 and an Opportunity Zone?
Yes, for the boot. Under §1031(b), cash or other property you don't reinvest is recognized gain. Recognized capital gain can go into a QOF within 180 days, counted from the day the gain would be recognized (Treas. Reg. §1.1400Z2(a)-1). The gain the exchange defers isn't recognized, so it can't be deferred twice.
Simplified: cash boot only. Paying off a mortgage on the relinquished property without taking on equal new debt is also boot, and any §1245 depreciation recapture taxed as ordinary income is not eligible capital gain. Exchanges that span two tax years can move the recognition date. Not tax advice.
For the full walk-through, read 1031 exchange vs Opportunity Zone, and check your exact date with the 180-day rule calculator.