1031 Exchanges
1031 Exchange Washington: REET, Capital Gains Tax and DSTs
Washington exempts real estate from its capital gains tax, so the federal deferral does most of the work. The real estate excise tax is the state cost a 1031 exchange does not remove.
The short answer
A 1031 exchange in Washington is the federal rule that lets you sell investment real estate and defer tax on the gain by buying more real estate. Washington's capital gains tax (7%, plus 2.9% on gains above $1 million) exempts real estate, but the state real estate excise tax, at graduated rates from 1.1% to 3%, still applies.
Key takeaways
- The deferral in a Washington exchange is federal. Washington's capital gains excise tax exempts real estate, so a sale of a Washington rental generally owes no state capital gains tax with or without an exchange.
- The real estate excise tax (REET) is the state cost that remains. A 1031 exchange does not exempt the sale from REET. The state rule only stops the same property from being taxed twice when a facilitator holds title.
- For sales in 2026, the state REET runs from 1.1% on the first $525,000 of price to 3% above $3,025,000, plus any local REET. New thresholds start January 1, 2027.
- Washington regulates exchange facilitators. Under RCW 19.310.040, a facilitator must carry a fidelity bond of at least $1 million or hold exchange funds in a qualified escrow or trust account.
- Buying replacement property outside Washington can bring a new state income tax return into your life, because many income-tax states tax nonresidents on rent and gains from property located there.
- A Delaware statutory trust (DST) interest can qualify as replacement property. DSTs are illiquid, distributions are not guaranteed, and you can lose your entire investment.
How does a 1031 exchange work for Washington property?
A 1031 exchange comes from Section 1031 of the Internal Revenue Code. It says no gain is recognized when real property held for investment or business use is exchanged for like-kind real property held the same way. In plain words, you sell one investment property, buy another, and push the tax on your gain into the future.
The federal rules are the same in all 50 states. A qualified intermediary (QI) is an outside company that holds the money from your sale until it pays for your replacement property. Your written list of replacement properties is due within 45 days of the sale. You must close within 180 days or your tax return due date (with extensions) for the year of the sale, whichever comes first. You report it on IRS Form 8824. My guide to federal 1031 exchange rules walks through each deadline; the rest of this page covers what Washington adds.
What is different is mostly on the state side. Washington does not tax wages, rent or real estate gains through an income tax today. Instead, it has a capital gains excise tax that exempts real estate, a real estate excise tax that applies to almost every sale, an estate tax, and a new income tax on very high earners that starts in 2028. Each one touches an exchange in a different way.
If you want to see how Washington compares with other states before you go further, my state-by-state guide to 1031 exchange rules lays them side by side.
Which Washington taxes apply when you sell investment property?
Four Washington taxes are worth knowing before you list a rental or commercial building. Only one of them, the excise tax on the sale itself, applies to almost every deal today.
The capital gains excise tax, and why real estate is exempt
Washington adopted a capital gains tax in 2021. The Department of Revenue describes it as "a 7% tax on the sale or exchange of long-term capital assets." It applies to individuals, and each year a standard deduction comes off first. The department lists that deduction as $270,000 for 2024 and $278,000 for 2025, and it adjusts the figure for inflation each year.
Starting with tax year 2025, the tax has a second tier. The department's notice on the new tiered rates says "Any amount of Washington capital gains exceeding $1 million is subject to a 7% tax, plus an additional 2.9% tax." That makes 9.9% on the part above $1 million. The change came from ESSB 5813, Chapter 421, Laws of 2025.
Here is the part that matters for real estate investors. The statute's list of exemptions, RCW 82.87.050, starts with "All real estate transferred by deed, real estate contract, judgment, or other lawful instruments." So a sale of a Washington rental house, apartment building or commercial property is outside the tax.
The same section also exempts an interest in a privately held entity, but only "to the extent" the gain is "directly attributable to the real estate owned directly by such entity." If you own your building through an LLC and sell your LLC interest instead of the deed, that rule decides how much of the gain is exempt. It has its own math, so bring your CPA in early.
What does this mean for an exchange? For a Washington resident selling Washington real estate, the capital gains tax usually isn't the reason to do a 1031. The federal tax is. That flips the usual state analysis on its head.
The real estate excise tax (REET)
The real estate excise tax, or REET, is Washington's tax on the sale of real property. It is a percentage of the selling price, not of your gain. The Department of Revenue's REET page says, "Usually, the seller pays this tax, but if they don't, the buyer is responsible."
The state portion is graduated, which means each slice of the price is taxed at its own rate. For sales from January 1, 2023 through December 31, 2026, the department lists these brackets:
| Portion of the selling price | State REET rate |
|---|---|
| $525,000 or less | 1.10% |
| $525,000.01 to $1,525,000 | 1.28% |
| $1,525,000.01 to $3,025,000 | 2.75% |
| $3,025,000.01 or more | 3.00% |
The thresholds are adjusted every four years under RCW 82.45.060. For sales beginning January 1, 2027, the department lists new break points of $551,000, $1,551,000 and $3,051,000, with the same four rates. If your sale might slip from December into January, ask your escrow officer which table will apply.
On top of the state portion, cities and counties can add a local REET. The department says "The local REET must be calculated and added to the graduated state rate for the total tax due." Local rates differ by location, and the department publishes them in separate rate tables. Your escrow officer will pull the right one for your parcel.
Agricultural and timberland sales use a flat state rate of 1.28%, according to the same page. That matters if your exchange involves farmland.
The new income tax on income above $1 million
In 2026, the legislature passed a tax it called a "tax on millionaires." It is Engrossed Substitute Senate Bill 6346, Chapter 238, Laws of 2026, approved by the governor on March 30, 2026. It sets a rate of 9.90% on Washington taxable income above a $1,000,000 standard deduction. It begins January 1, 2028.
For real estate investors, the capital gain piece of that law needs careful reading. In computing the new tax base, the enacted text says a taxpayer "must deduct from the taxpayer's federal adjusted gross income any long-term capital gains." It then adds back only the Washington capital gains that are subject to the capital gains excise tax. Since real estate sales are exempt from that excise tax, long-term gains on real estate do not appear to be added back. The act itself says it exempts "the sale of residential and other real property in accordance with RCW 82.87.050."
Two cautions. First, rental income and short-term gains are different from long-term gains, and they would count toward income above the $1 million standard deduction. Second, nothing about this tax applies before 2028, and new tax laws often change before their first year arrives. Treat it as something to plan around with your CPA, not as settled math.
The Washington estate tax
Washington levies a state estate tax too, apart from the federal estate tax. The department's estate tax tables list an exclusion of $3,000,000 for deaths on or after July 1, 2026. Rates for those dates run from 10% to 20%, with the top rate on taxable amounts of $9,000,000 and up.
Why bring this up in an exchange guide? Many investors use a chain of 1031 exchanges to hold real estate until death. Under federal law, heirs generally get a new cost basis at death, which I explain in my step-up in basis guide. The Washington estate tax is a separate cost that a 1031 exchange does nothing to reduce. A large exchange portfolio can push an estate over the Washington exclusion even when it is far below the federal one.
Washington appears on the list of community property states in IRS Publication 555. For married couples, the publication explains that when one spouse dies, "the total fair market value (FMV) of the community property" generally "becomes the basis of the entire property," if certain conditions are met. How you hold title can matter a great deal, so ask your estate attorney.
Does a 1031 exchange avoid Washington's real estate excise tax?
No. The exemption's label makes this an easy point to misread.
The REET page lists an exemption labeled "IRS 'tax deferred' exchange." That sounds like the whole exchange is exempt. It isn't. The rule behind it is WAC 458-61A-213, and it does something narrower.
What the rule actually does
In some exchanges, the exchange facilitator takes title to a property for a short time. The facilitator is the company running the exchange, usually your QI. Without a special rule, that could mean two REET bills on one property: one when the facilitator takes title, and another when the facilitator passes it on.
The rule prevents that double charge. Acquisition of property by the facilitator "is subject to the real estate excise tax." The facilitator's later transfer can be exempt, but only if three things are true:
- The tax was already paid on the first transfer.
- A supplemental statement signed by the facilitator is attached to the affidavit, showing it took title only to complete a 1031 exchange.
- The person receiving the property supplied the money the facilitator used, or that money came from the sale of that person's own real property.
So each property is taxed once. Your sale of the old building pays REET. The seller of your new Washington building pays REET on that sale. Nobody pays twice on the same property.
How the state's own example works
The rule gives an example with round numbers. Bob transfers a property worth $400,000 to a facilitator, Ted, who sells it to John for $450,000. Tax is due on Bob's transfer to Ted. No tax is due on Ted's transfer to John.
Then Sally sells a $600,000 property to Ted. Bob's $450,000 of sale money and a $150,000 new loan pay for it. Tax is due on Sally's transfer to Ted. No tax is due on Ted's transfer to Bob.
The second example in the rule shows how this can go wrong. If the facilitator holds Bob's old property and later sells it to a buyer who did not supply the money the facilitator used to acquire it, tax is due on that later sale too. Timing and paperwork drive the result.
What you file
The rule says a separate REET affidavit is needed for each transfer in the exchange, including transfers to and from the facilitator. An affidavit that claims the exemption must show the affidavit number and date of the earlier tax payment, and it must have the supplemental statement attached.
In many exchanges, the QI never takes title. Deeds go straight from you to your buyer, and from your seller to you, under an assignment of contract rights. In that setup, the double-tax problem doesn't come up. You still pay REET on your sale like any other seller. The point for planning is simple: budget for REET as a closing cost whether or not you exchange.
How do Washington taxes compare on a sale with and without an exchange?
This table shows how each tax treats a Washington resident who sells Washington investment real estate. It reflects the rules described above and isn't tax advice.
| Tax | Taxable sale | 1031 exchange |
|---|---|---|
| Federal capital gains tax (up to 20%) | Due for the year of sale | Deferred, if all rules are met |
| Federal tax on depreciation-related gain (up to 25%) | Due | Deferred |
| Federal 3.8% net investment income tax | Due if income is over the threshold | Deferred |
| Washington capital gains excise tax | Real estate is exempt | Real estate is exempt |
| Washington REET on the sale | Due, generally paid by the seller | Still due |
| Local REET | Due where a local rate applies | Still due |
| Washington income tax on income over $1 million | Not in effect until 2028 | Not in effect until 2028 |
| Washington estate tax | Applies at death if over the exclusion | Applies at death if over the exclusion |
The pattern is clear. The exchange changes the federal lines. The Washington lines mostly stay the same, because Washington already exempts real estate from its capital gains tax and doesn't exempt exchanges from REET.
Worked example: selling a Washington rental
Everything in this example is hypothetical, with rounded figures, and no real client or building is behind it. The rates and thresholds come from the sources above, and the federal figures assume the top brackets. Your CPA should run your own numbers.
The starting point
Say you bought a small apartment building in King County years ago for $900,000. You have taken $300,000 of depreciation. Depreciation is the yearly tax deduction for wear and tear on a building, and it lowers your tax cost, or basis. Your adjusted basis is now $600,000.
You sell the building in 2026 for $2,000,000.
The REET bill
The state portion works bracket by bracket, using the table for sales through December 31, 2026:
- First $525,000 at 1.1%: $5,775
- Next $1,000,000 (up to $1,525,000) at 1.28%: $12,800
- Last $475,000 (up to $2,000,000) at 2.75%: $13,062.50
- State REET: $31,637.50
Now assume, for illustration only, a local REET rate of 0.5%. That would add $10,000, for about $41,638 in total. Your actual local rate depends on where the property sits.
That bill is the same whether you exchange or not.
The gain
Say your total selling costs, including REET, commissions and escrow, come to $120,000. Your gain is:
$2,000,000 − $120,000 − $600,000 = $1,280,000
What a taxable sale would cost
If you simply sold and kept the cash, a rough federal bill at top rates would be:
- Depreciation portion at up to 25%, under Section 1(h): $300,000 × 25% = $75,000
- Remaining long-term gain at 20%: $980,000 × 20% = $196,000
- Net investment income tax at 3.8%: $1,280,000 × 3.8% = $48,640
- Federal total: about $319,640
The 3.8% tax comes from Section 1411, which applies to the extent income is above $250,000 for joint filers or $200,000 for most single filers.
Washington's capital gains tax: $0, because real estate is exempt.
What the exchange changes
If you complete a full 1031 exchange, the $319,640 of federal tax is deferred. You still pay the REET at closing. Washington's capital gains tax is still $0.
For contrast, say you instead sold a stock portfolio with a $500,000 long-term gain in 2025. Washington would tax it: ($500,000 − $278,000) × 7% = $15,540. That's the kind of sale the Washington tax was written for. Real estate sits outside it.
If you want a quick estimate for your own property, my 1031 tax deferral calculator does the federal side. Add REET separately.
What happens when you sell in Washington and buy in another state?
A 1031 exchange can cross state lines. Real property in one state is like-kind to real property in another state. The one geographic limit in Section 1031(h) is between the U.S. and other countries: U.S. real property and real property outside the United States "are not property of a like kind."
So a Washington investor can sell a building in Spokane and buy a warehouse in Texas, an apartment community in Georgia, or a DST interest that holds property in several states. The federal deferral works the same way.
The new state income tax returns
Here is the part that can surprise a Washington investor. Many states with an income tax tax nonresidents on rent and gains from property located in that state. Arizona's nonresident return instructions, for example, treat a gain on the sale of Arizona real estate as income sourced to Arizona. Rules differ by state, so check each one.
If you've lived in Washington for years, you may never have filed a state income tax return. Buying replacement property in a state with an income tax can change that. You may owe tax there on the yearly net rental income. When that property is sold later in a taxable sale, that state may tax the gain too.
With a DST, the trust may own property in a state you have never visited. The sponsor's annual tax package usually shows which states the income comes from. Ask before you invest whether you will need to file nonresident returns, and what that will cost your preparer each year.
Why it can still make sense
None of this means you should only buy in Washington or in other states without an income tax. It means the state tax picture is part of the comparison. A property in an income-tax state might still fit your goals better. Just put the extra filing and the possible future state tax into your numbers before you decide.
If your Washington property is close to the border, you might be weighing Oregon property too. My Oregon 1031 exchange guide covers how that state handles exchanges.
What if you are coming to Washington from California?
Some investors who buy in Washington are trading out of California property. California has a rule that follows the deferred gain out of state, often called a clawback.
The California Franchise Tax Board says you must file Form FTB 3840 if you exchange California property for property outside California and some California-source gain is deferred. You generally file it for the year of the exchange and for each later year until that deferred gain is recognized.
Once the Washington replacement property is sold without another exchange, California expects the gain from the original California property on that year's California return. Moving to Washington doesn't erase it. That California gain stays reportable to California even though Washington would not tax a real estate gain.
So if you exchanged a Los Angeles duplex into a Tacoma apartment building, keep filing Form 3840 each year. My California 1031 exchange guide goes deeper into that state's rules.
How does Washington regulate exchange facilitators?
Your QI holds what may be the largest sum of money you will ever have in one place. Washington is one of the states that sets rules for that business, in chapter 19.310 RCW. The statute calls the company an exchange facilitator.
Under RCW 19.310.040, a facilitator must do one of two things:
- Carry a fidelity bond. The statute says to "Maintain a fidelity bond or bonds in an amount of not less than one million dollars," issued by an insurer authorized in Washington. A fidelity bond pays a client who loses money because of a covered dishonest act.
- Use a qualified escrow account or qualified trust. All exchange funds go into that account at a financial institution. A withdrawal requires the facilitator and the client to each authenticate it. The client also gets a current statement from the bank to verify the deposit.
The facilitator must also post a disclosure statement on its website and in its contract that begins "Washington state law, RCW 19.310.040, requires an exchange facilitator to either maintain a fidelity bond." That statement also says the services are not regulated by any Washington or U.S. government agency.
Before you sign an exchange agreement, the statute requires the facilitator to give you evidence that it meets these rules. You can also ask for that evidence at any time. If a facilitator recommends other products or services, it must disclose any commission or referral fee it may receive.
My guide to choosing a qualified intermediary covers what else to ask. For a Washington exchange, start with one question: "Which option under RCW 19.310.040 do you use, and will you show me the proof?"
How do you complete a 1031 exchange in Washington, step by step?
The federal steps are the same everywhere. These are the Washington-specific checkpoints to add to them.
Step 1: Confirm what Washington will and won't tax
Before you list, ask your CPA to confirm that your sale is a sale of real estate under RCW 82.87.050. If you hold the building in an LLC or partnership, and the buyer wants to buy the entity instead of the deed, the partial exemption for entity interests applies instead.
Step 2: Price in REET
Get an REET estimate from your escrow officer using the right state table and local rate. Remember that the table changes for sales beginning January 1, 2027. Since REET is a closing cost, it reduces the cash you can reinvest. Paying some selling costs with outside cash can matter here, and my guide to 1031 exchange costs and fees sorts the closing costs that exchange funds can cover from those that create taxable boot.
Step 3: Choose a qualified intermediary that meets RCW 19.310.040
Ask for the bond or the qualified account proof in writing. Sign the exchange agreement before your sale closes. Once you or your agent receive sale money, the exchange is generally over.
Step 4: Close the sale with exchange language
Your purchase and sale agreement should say the sale is part of a 1031 exchange and that the buyer will cooperate. Your escrow officer prepares the REET affidavit. If the facilitator ever takes title, make sure the supplemental statement described in WAC 458-61A-213 is attached.
Step 5: Identify replacement property within 45 days
The identification must be in writing, signed, and delivered to your QI by day 45. A backup property only works if it is on that written list within the 45 days. If you might buy out of state, include the state tax filing question in your review now.
Step 6: Close within the deadline
You must receive the replacement property within 180 days or your tax return due date (with extensions) for the year of the sale, whichever comes first. A sale in late 2026 can run into the April 2027 due date, so plan on a federal extension if you need the full 180 days. My 1031 exchange deadline calculator shows both dates.
Step 7: Report the exchange
File Form 8824 with your federal return for the year of the sale. If the sale created any taxable piece, such as leftover cash, it shows up there. Keep your REET affidavit, closing statements, QI agreement and identification letter together.
Step 8: Plan the Washington estate side
Once the exchange closes, look at your estate plan. Ask how the replacement property is titled, whether it is community property, and whether your total estate could exceed the $3,000,000 Washington exclusion.
Can a Washington investor use a DST for a 1031 exchange?
A DST interest can qualify as replacement property. A Delaware statutory trust (DST) is a trust that owns one or more investment properties, and many investors each own a fractional interest in it. A professional company called a sponsor buys and manages the property.
For Washington sellers weighing a DST, the key IRS guidance is Revenue Ruling 2004-86. Its conclusion reads, "A taxpayer may exchange real property for an interest in the Delaware statutory trust" if the other Section 1031 requirements are met. My DST guide explains how they work in detail.
Why Washington owners look at DSTs
Washington owners may consider DSTs for reasons that have little to do with Washington's tax code:
- Stepping back from management. A DST sponsor handles tenants, repairs and leasing. You don't.
- Spreading equity across properties. With minimums that are often lower than buying a whole building, one sale can be split across several DSTs.
- Reaching other regions. Many DSTs own property outside Washington. That brings the out-of-state tax filing questions described above.
- Meeting the 45-day deadline. DST properties are already owned by the trust, so they can serve as primary or backup identifications.
What to weigh
DSTs have real drawbacks. They are securities, usually sold only to accredited investors, which generally means people who meet SEC income or net worth tests. DSTs are illiquid. The SEC's investor bulletin on private placements warns, "you should be prepared to hold the securities indefinitely." You have little control over the property, sale timing or debt. Distributions are not guaranteed and can be reduced or stopped. You can lose your entire investment.
There is also a Washington-specific question to ask your CPA. A DST interest is a beneficial interest in a trust, not a deed. Ask how Washington's capital gains tax would treat a later sale of that interest, given the deed exemption and the separate rule for entity interests in RCW 82.87.050.
Mistakes to avoid in a Washington 1031 exchange
Each of these has a simple fix if you catch it early.
- Assuming the exchange removes REET. It doesn't. Budget for state and local REET on your sale like any seller.
- Reading the "tax deferred exchange" REET exemption too broadly. It only prevents a second tax when a facilitator holds title, and only with the right paperwork.
- Using the wrong REET table. A closing that slips into January 2027 uses different bracket thresholds. Ask your escrow officer to confirm.
- Skipping the RCW 19.310.040 check on your QI. Ask for the bond or the qualified account proof before you sign.
- Doing an exchange only to avoid Washington's capital gains tax. Real estate is already exempt. The case for an exchange rests on the federal tax, your goals and your next property.
- Forgetting other states' income taxes. Out-of-state replacement property can mean nonresident returns and, later, state tax on the gain.
- Selling an LLC interest without checking the entity rule. Selling the entity instead of the deed changes both the federal exchange and the Washington exemption math.
- Letting the California clawback lapse. If your chain started in California, Form FTB 3840 keeps coming due each year.
- Ignoring the Washington estate tax. Deferral grows the estate. The $3,000,000 Washington exclusion is far below the federal one.
- Treating the 2028 income tax as settled. It starts with tax year 2028, and its effect on your situation should be confirmed with your CPA as the date gets closer.
What my data shows
My offering records as of October 2026 cover 76 DST offerings from 38 sponsors. These figures describe the offerings I track. They are not a forecast or a promise about any future offering.
Most DST property sits outside Washington's neighbors
The figure that matters most for a Washington investor is location. In my offering records as of October 2026, locations span 33 states; the most common are Florida (14), Texas (13), North Carolina (8), Georgia (7).
That has a practical meaning for a Washington seller. None of the four most common states is in the Pacific Northwest. Some states have a personal income tax and some don't, so the state-filing question above is a real one. Ask about it for each offering you consider.
Entry points and debt
The median minimum investment in my offering records as of October 2026 is $100,000. Minimums range from $25,000 to $500,000, and 21 offerings (28%) start at $25,000. A small minimum can make room for a leftover amount after a Washington sale, such as the cash that REET and other closing costs didn't use.
Leverage varies widely. In my offering records as of October 2026, 36 of 76 offerings (47%) are all-cash, with no debt. Sixteen (21%) have a loan-to-value above 50%. Loan-to-value compares a property's loan with its value. A Washington seller who paid off a mortgage at closing generally has to take on equal new debt or add cash to defer the whole gain, which is why this mix is worth a look.
Hold periods
In my offering records as of October 2026, a 10-year projected hold is the most common, at 31 offerings. Others project 5 to 10 years or 7 years, and a few are 2-year programs. Treat any projected hold as the sponsor's plan; the actual sale date can be earlier or later.
How I approach Washington exchanges
My background is in real estate acquisitions, management and development. In an introductory call with a Washington owner, I'd start with three things: the federal tax at stake, the REET due either way, and what you want the next property to do for you.
My team and I review each DST across five areas: broker-dealer review, investment manager audit, investment offering review, real estate assessment and institutional underwriting. When we meet, I'll show you the offerings I currently have available, explain why I'm considering each one, and tell you where I have reservations. Securities are offered through Aurora Securities, Inc., member FINRA/SIPC. Baker 1031 Investments is independent of Aurora and does not provide tax, legal or accounting services.
Frequently asked questions
Do I pay Washington capital gains tax when I sell a rental property?
Generally no. Washington's capital gains excise tax exempts "all real estate transferred by deed, real estate contract, judgment, or other lawful instruments" under RCW 82.87.050. Selling an interest in an entity that owns real estate follows a separate, partial exemption.
Is a 1031 exchange still worth it in Washington if real estate is exempt from state tax?
For many sellers, yes, since the federal tax is the main cost a 1031 exchange defers. Federal tax on a large gain can include up to 20% on capital gains, up to 25% on depreciation-related gain, and the 3.8% net investment income tax. Whether it fits depends on your goals, your next property and your CPA's numbers.
Does a 1031 exchange avoid REET in Washington?
No. The seller generally pays REET on the sale even when it is part of an exchange. The "tax deferred exchange" exemption under WAC 458-61A-213 only prevents a second REET charge when an exchange facilitator takes title.
What are the Washington REET rates for 2026?
For sales through December 31, 2026, the state portion is 1.1% up to $525,000, 1.28% up to $1,525,000, 2.75% up to $3,025,000, and 3% above that. Local REET is added on top. New thresholds apply to sales beginning January 1, 2027.
Can I sell property in Washington and buy replacement property in another state?
Yes. Real property anywhere in the United States is like-kind to other U.S. real property. Buying in a state with an income tax can mean filing nonresident returns there.
Does Washington regulate the company that holds my exchange money?
Yes. RCW 19.310.040 requires an exchange facilitator to keep a fidelity bond of at least $1 million or hold exchange funds in a qualified escrow account or qualified trust. The facilitator must give you proof before you sign.
How will Washington's 2028 income tax affect a 1031 exchange?
The tax starts with tax year 2028 and applies at 9.9% to Washington taxable income above $1,000,000. As enacted, it takes long-term gains out of the starting figure and puts back only gains that Washington's capital gains tax reaches, and that tax exempts real estate. Rental income would still count, so ask your CPA how it applies to you.
Can a Washington investor do a 1031 exchange into a DST?
If the trust fits Revenue Ruling 2004-86 and you meet the other Section 1031 rules, a DST interest can qualify as replacement property. DSTs are illiquid, most are limited to accredited investors, and distributions are not guaranteed. You could lose your entire investment.
I exchanged California property into Washington property. Do I still owe California?
California keeps track of the deferred California-source gain. You generally file Form FTB 3840 each year until that gain is recognized, and it is reported to California when the replacement property is sold in a taxable sale. Your move to Washington doesn't erase that obligation.
Does Washington's estate tax affect investors who use 1031 exchanges?
It can. For deaths on or after July 1, 2026, Washington's exclusion is $3,000,000 and rates run from 10% to 20%. A 1031 exchange defers income tax but doesn't reduce the size of your estate.
Before you act
This page is general education about Washington and federal tax rules as I understand them in October 2026. It isn't tax, legal or investment advice, and Washington's tax laws have changed several times in the last few years. Before you list, sign or close, walk through your own facts with a CPA, an attorney and a qualified intermediary. DST interests are offered only through a private placement memorandum to qualified investors.
Sources
- 26 U.S.C. § 1031, Exchange of real property held for productive use or investment (Cornell LII)
- 26 U.S.C. § 1, Tax imposed, including § 1(h) capital gains rates (Cornell LII)
- 26 U.S.C. § 1411, Net investment income tax (Cornell LII)
- IRS, About Form 8824, Like-Kind Exchanges
- IRS Revenue Ruling 2004-86
- IRS Publication 555, Community Property
- Arizona Department of Revenue, 2025 Form 140NR instructions
- Washington Department of Revenue, Capital gains tax
- Washington Department of Revenue, Special notice: New tiered rates for Washington's capital gains tax
- RCW 82.87.050, Capital gains tax exemptions
- Washington Department of Revenue, Real estate excise tax
- WAC 458-61A-213, Tax deferred exchanges (Washington State Legislature archive)
- RCW 19.310.040, Duties of exchange facilitator
- ESSB 6346, Chapter 238, Laws of 2026 (Washington State Legislature)
- Washington Department of Revenue, Estate tax tables
- California Franchise Tax Board, Reporting like-kind exchanges
- Investor.gov, Private Placements under Regulation D
This guide is general education, not investment, tax, or legal advice, and not an offer to buy or sell securities. DST and other real estate securities are speculative and illiquid, distributions are not guaranteed, and you can lose your entire investment. Talk with your CPA, attorney, and qualified intermediary about your situation. Securities are offered through Aurora Securities, Inc., member FINRA/SIPC.