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1031 Exchange in Virginia: State Rules, Capital Gains, and How to Defer Taxes on Virginia Real Estate

April 20, 2026
By Attorney Steve Wolterman, CES

1031 Exchange in Virginia: State Rules, Capital Gains, and How to Defer Taxes on Virginia Real Estate

1031 Exchange in Virginia: What Investors Need to Know

Virginia is one of the Mid-Atlantic's most active real estate investment markets, with strong demand in Northern Virginia (the DC metro corridor), Richmond, Virginia Beach, and the Shenandoah Valley. For Virginia investors selling investment properties, a 1031 exchange is one of the most powerful tools available to defer both federal and state capital gains tax.

The core answer: A 1031 exchange in Virginia follows federal IRS rules and also defers Virginia state income tax on capital gains. Virginia taxes capital gains as ordinary income at rates up to 5.75%, which means Virginia investors can defer both federal tax (up to 23.8%) and state tax (up to 5.75%) through a properly executed 1031 exchange.

Does Virginia Have a State Capital Gains Tax?

Yes. Virginia does not have a separate capital gains tax rate. Instead, capital gains are taxed as ordinary income at Virginia's individual income tax rates, which range from 2% to 5.75%. For most investors, the applicable rate is 5.75%.

This means a Virginia investor selling a $1 million investment property with a $400,000 gain faces:

| Tax | Rate | Amount | |---|---|---| | Federal long-term capital gains | 15-20% | $60,000 - $80,000 | | Federal net investment income tax | 3.8% | $15,200 | | Virginia state income tax | 5.75% | $23,000 | | Total potential tax | | $98,200 - $118,200 |

A 1031 exchange defers all of these taxes by allowing the investor to reinvest the full gain into a replacement property.

Virginia Properties That Qualify for a 1031 Exchange

Any real property held for investment or productive use in a trade or business qualifies for a 1031 exchange in Virginia. Common qualifying property types include:

  • Single-family and multi-family rental properties in Northern Virginia, Richmond, and Virginia Beach
  • Commercial office and retail properties in the DC metro corridor
  • Industrial and warehouse properties in the I-95 and I-81 corridors
  • Agricultural land and farmland held for investment
  • Vacant land held for investment purposes

Top Virginia Markets for 1031 Exchange Replacement Properties

Northern Virginia (Fairfax, Arlington, Alexandria): High-value commercial and multi-family properties with strong appreciation driven by federal government and technology employment.

Richmond: Virginia's capital city has seen significant investment in multi-family, industrial, and mixed-use properties with more affordable entry points than Northern Virginia.

Virginia Beach and Hampton Roads: Military-driven rental demand creates consistent occupancy for single-family and multi-family rental properties.

Shenandoah Valley: Agricultural land, industrial properties, and affordable multi-family investments with lower entry costs and solid cap rates.

Frequently Asked Questions About 1031 Exchanges in Virginia

Does Virginia conform to the federal 1031 exchange rules? Yes. Virginia conforms to IRC Section 1031, which means a transaction that qualifies as a 1031 exchange for federal purposes also qualifies for Virginia state income tax deferral.

What is the Virginia capital gains tax rate? Virginia taxes capital gains as ordinary income at rates from 2% to 5.75%. Most investors with significant real estate gains will be taxed at the 5.75% rate.

Can I exchange Virginia farmland for a different type of investment property? Yes. Virginia farmland held for investment qualifies for a 1031 exchange, and you can exchange it for any other qualifying real property, including commercial buildings, rental homes, or industrial facilities.

Can I do a reverse exchange on Virginia property? Yes. Reverse exchanges are available for Virginia properties under the same federal rules that apply in all states.

[Schedule a free consultation](https://1031federal.com/contact) or call 513-586-6879 to discuss your Virginia exchange.

Author

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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