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The "Lazy 1031" — Why Some Investors Are Skipping the Exchange in 2026

By Lance Hulsey · May 15, 2026 · 7-min read

For decades, the 1031 exchange has been the default tax move for real estate investors selling a profitable property. Sell, identify replacement within 45 days, close within 180, defer the gain. Done.

But in 2026 — for the first time in a long time — some sophisticated investors are skipping the 1031 entirely. They're calling it the Lazy 1031, and the reason it works comes down to one big change in the tax code.

Watch the Full Breakdown

I broke this down on my YouTube channel, Keeping it Real Estate with Lance Hulsey. Watch this first if you're a visual learner, then come back for the written breakdown.

Watch on YouTube: youtube.com/watch?v=5xo5Hswo6aA · Subscribe to the channel

Quick Refresher: What a Real 1031 Does

A traditional 1031 exchange lets you sell investment real estate, roll the proceeds into "like-kind" replacement property through a Qualified Intermediary, and defer:

The cost: strict deadlines (45 days to identify, 180 to close), Qualified Intermediary fees, no touching the proceeds, and a forced timeline that frequently leads investors into mediocre replacement deals just to beat the clock.

What Changed: The OBBBA Brought Back 100% Bonus Depreciation

In July 2025, the One Big Beautiful Bill Act permanently restored 100% bonus depreciation for qualifying property acquired and placed in service after January 19, 2025. Combined with a cost segregation study, this lets investors deduct enormous chunks of a property's basis in year one.

On a typical residential rental, a cost seg study reclassifies 20–30% of the building basis into 5-, 7-, and 15-year asset categories — all 100% bonus depreciation-eligible. Translation: on a $1M building basis, that can mean $200K–$300K of year-one deductions.

Now look at what happens when you combine that with selling an old property at a gain.

The Lazy 1031 Math

Let's say you've owned a rental for years. You're sitting on:

If you simply sell, your federal tax bill is roughly:

Federal-only total: ~$137K. That's painful.

Now the Lazy 1031 move: Take the gain, pay the tax bill, then buy a new $1.5M property. Have a cost segregation study done that reclassifies ~25% of the building basis ($300K+) into bonus-eligible categories. Take that $300K+ as a first-year deduction. If you qualify as a Real Estate Professional (REPS) or have enough passive income from other rentals, that $300K deduction can offset the entire $137K tax bill — and then some.

The punchline: Sometimes you can pay the federal tax bill in cash, then immediately deduct your way back to zero — or below — using the new property's depreciation. No 45-day clock, no Qualified Intermediary, no forced bad deal. Lazy 1031.

When the Lazy 1031 Actually Wins

This isn't always better than a real 1031. It tends to win when:

When a Traditional 1031 Still Wins

Don't get fancy when boring works. The traditional 1031 is still the right move when:

The Caveats Nobody Mentions

Three things to think through before you decide:

  1. NIIT still bites. The 3.8% Net Investment Income Tax on the gain can't be deducted away — it's not based on taxable income. Plan for it.
  2. State conformity matters. California, New Jersey, and a handful of others don't conform to federal bonus depreciation. You'll pay state tax on the sale even if federal nets to zero. Run both sets of numbers.
  3. REPS is audited. Real Estate Professional Status is one of the most-challenged elections on tax returns. If you claim it, document everything: hours logs, material participation tests, qualifying activity. Don't take REPS lightly.

How I Decide With Clients

When a coaching client brings me a sale, we run the math both ways — traditional 1031 versus Lazy 1031 — using the actual numbers, including state tax, NIIT, expected cost-seg yield, and the realistic 1031 replacement deals available in that window.

About 40% of the time right now (early 2026), the lazy 1031 produces a better after-tax, after-effort result than the traditional 1031 — because the OBBBA changed the math fundamentally. The remaining 60%, the boring 1031 is still the right call.

Either way, the worst move is doing nothing intentionally. The investors who get hurt in 2026 are the ones who default to whatever they've always done, instead of running the comparison.

Tools to Run the Numbers Yourself

If you want to start playing with the numbers, here are the free tools on this site:


Important: This post is informational only, not tax advice. The Lazy 1031 strategy is complex and depends entirely on your specific facts — REPS qualification, state of residence, replacement property characteristics, AGI, and more. Always work this through with a qualified CPA or tax attorney before acting. See the full disclaimer.

About the author: Lance Hulsey is a California real estate broker (DRE# 01724888), co-investor in the KW Thrive SC Keller Williams franchise in Capitola, CA, and host of Keeping it Real Estate with Lance Hulsey. He coaches agents and small business owners using the MREA and MREI frameworks.

Want me to run the math with you?

If you're sitting on a sale and trying to decide between 1031 and Lazy 1031, book a free 30-min consult. We'll walk through your numbers together.

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