1031 Exchange Attorney in Tennessee

Section 1031 of the Internal Revenue Code lets an investor defer capital gain on the sale of real property held for investment or productive use, as long as the sale and the replacement purchase are structured as a like-kind exchange. The deferral lives or dies on the transactional details: cooperation and assignment language in both the relinquished-property and replacement-property purchase agreements, coordination with the qualified intermediary on assigning the contract rights, the hard 45-day identification window and 180-day exchange period, and clean Tennessee deeds that reflect the QI's role in the chain. Forward exchanges, reverse exchanges using an exchange accommodation titleholder, and improvement exchanges are all in scope, as is reviewing the QI's exchange agreement and any LLC used to hold the replacement property.

Tennessee has no state income tax on capital gains, so a § 1031 exchange here is about federal deferral only — there is no parallel state deferral or recapture analysis like an investor would face in California. What Tennessee does have is a deed-transfer fee under T.C.A. § 67-4-409 and recording mechanics that have to track the QI's role so the deed reflects the actual chain of conveyance. Reverse and improvement exchanges using an EAT need particular care in how the parking entity holds and conveys title under Tennessee law.

I am not the qualified intermediary, I do not give tax advice on whether a given exchange qualifies, and I do not opine on basis or recapture math — that is your CPA's or tax counsel's call, and the exchange genuinely needs them. My role is the Tennessee transactional side: the contracts, the deeds, the QI coordination, and the deadline tracking. Pricing is flat-fee or capped for a standard forward-exchange package and hourly for reverse, improvement, multi-property, or LLC/TIC-structured matters. If you have a relinquished-property sale coming up, the time to line up the language and the qualified intermediary is before it closes, not after.

Use the form below to schedule a consultation. Include the property type, target closing window for the relinquished property, and whether a qualified intermediary has already been selected. Do not include confidential details in the form.