Can I Use a 1031 Exchange in Senior Housing?

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Yes—but only in specific situations.

The 1031 exchange is one of the most powerful tools in a real estate investor’s playbook. It allows you to defer capital gains taxes by reinvesting proceeds from the sale of one investment property into another “like-kind” property.

But when it comes to senior housing, things get a bit more nuanced.

Let’s explore when and how 1031 exchanges apply—and when they don’t.


1031 Exchange Basics

A 1031 exchange allows real estate investors to:

  • Sell an investment property

  • Reinvest 100% of proceeds into another investment property

  • Defer capital gains and depreciation recapture taxes

  • Preserve equity and maximize compounding

It must be:

  • A “like-kind” exchange (investment to investment real estate)

  • Completed with a qualified intermediary (QI)

  • Executed within 180 days, with a 45-day identification window


When Senior Housing Qualifies

You can use a 1031 to invest in senior housing if:

✅ You’re acquiring direct ownership of a senior housing facility (e.g., buying an entire building or property)
✅ You are not investing through an entity that shares ownership (like a syndication or fund)
✅ The asset is used for investment purposes, not personal use or residence

Examples that qualify:

  • Buying a stabilized assisted living facility

  • Acquiring a memory care property as a direct owner

  • Exchanging into a standalone triple-net senior living facility


When 1031 Does NOT Apply

You cannot use a 1031 to invest in:

Syndications or funds structured as LLCs or LPs
REITs or real estate mutual funds
Tenant-in-common (TIC) structures with too much ownership overlap
❌ Any deal where you’re not on the title of real property as a deeded owner

In short: if you’re buying shares or units, not physical property, it won’t qualify.


Alternatives for 1031 Investors

If you want to access senior housing passively but still use 1031 funds:

  1. Delaware Statutory Trusts (DSTs)

    • 1031-compatible fractional ownership

    • Often include healthcare or senior housing portfolios

    • Limited control, but full tax deferral

  2. UPREIT Transactions (for REIT investors)

    • Exchange property for Operating Partnership units

    • Complex and limited to institutional sponsors

  3. Cash-out and reinvest passively

    • Pay capital gains, but move funds into a syndication or fund

    • Gain passive income, depreciation, and upside

  4. Deferred Sales Trust

✅ What You Can Do With Haven

At Haven Senior Living Partners, our syndicated offerings do not qualify for 1031 exchange—but:

  • We work with partners who structure DSTs

  • We help sellers of senior housing assets defer gains via 1031

  • We offer passive investment opportunities for proceeds post-1031

If you’re selling a property and want to explore senior housing, we’ll help you determine if a direct purchase, DST, or passive investment is the best next move.

Talk to Our Team to get tailored 1031 guidance and access our curated senior housing network.

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