State Guides

1031 Exchange in Virginia: State Tax Rules

December 2, 2025
By Attorney Steve Wolterman, CES

1031 Exchanges in Virginia: A Complete Guide

Virginia's real estate market, particularly Northern Virginia and the DC Metro area, is one of the most active in the country. For Virginia real estate investors, a 1031 exchange is an essential tool for deferring capital gains taxes and reinvesting equity into larger, higher-performing properties.

Virginia Capital Gains Tax

Virginia taxes capital gains as ordinary income at rates ranging from 2% to 5.75%. For high-income investors, the combined federal and Virginia state tax burden on a real estate sale can exceed 29%.

A properly structured 1031 exchange defers both the federal and Virginia state capital gains taxes.

Does Virginia Conform to Federal 1031 Exchange Rules?

Virginia conforms to federal 1031 exchange rules for real property exchanges. Virginia does not have a separate state 1031 exchange statute, so the federal rules govern Virginia exchanges.

Virginia Real Estate That Qualifies for a 1031 Exchange

Investment properties throughout Virginia qualify for 1031 exchanges, including:

  • Northern Virginia commercial and office properties
  • Richmond and Hampton Roads multi-family buildings
  • Virginia Beach vacation rentals (subject to IRS safe harbor rules)
  • Virginia farmland and agricultural properties
  • Industrial and warehouse properties throughout Virginia

Virginia Grantor Trust Considerations

Virginia has specific rules regarding grantor trusts and real estate ownership that can affect 1031 exchange eligibility. If your Virginia property is held in a trust, work with your QI and tax advisor to confirm the exchange structure is correct.

Get Started With Your Virginia 1031 Exchange

1031 Federal Exchange provides full-service Qualified Intermediary services for Virginia real estate investors. Attorney Steve Wolterman, CES, will guide you through every step of your exchange.

Contact us today for a free consultation.

SW

Author

Steve Wolterman, Esq., CES

Attorney and Certified Exchange Specialist with over 20 years of experience guiding real estate investors through 1031 exchanges nationwide. Member of the Federation of Exchange Accommodators (FEA).

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