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GA1031 exchange in

Georgia

Georgia conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and Georgia capital-gains tax. Georgia generally taxes capital gains as ordinary income at rates up to 5.39%.

State tax on capital gains
Up to 5.39%
Federal §1031 conformity
Conforms — exchange defers state tax
Closing withholding
Georgia withholds 3% of the sale price (or 3% of gain with an affidavit) from nonresident sellers.
Federal deadlines
45 days to identify · 180 days to close

What to know about exchanging in Georgia

  • Georgia taxes capital gains as ordinary income, with a top marginal rate of about 5.39%.
  • Georgia conforms to federal §1031, so a valid exchange defers state capital-gains tax too.
  • Federal timelines apply: 45 days to identify and 180 days to close on the replacement property.
  • Closing note: Georgia withholds 3% of the sale price (or 3% of gain with an affidavit) from nonresident sellers.

Georgia 1031 exchange FAQ

Can you do a 1031 exchange in Georgia?+

Yes. Georgia conforms to federal Section 1031, so a properly structured like-kind exchange defers both your federal and Georgia capital-gains tax. You still must use a Qualified Intermediary, identify replacement property within 45 days, and close within 180 days.

What is the capital-gains tax rate in Georgia?+

Georgia taxes capital gains as ordinary income, with a top marginal rate of about 5.39%. A 1031 exchange defers this state tax along with the federal tax.

Does Georgia have a 1031 exchange clawback rule?+

No. Georgia does not impose a 1031 exchange clawback, so it does not separately track deferred gain on out-of-state replacement property.

Is there tax withholding when I sell property in Georgia?+

Georgia withholds 3% of the sale price (or 3% of gain with an affidavit) from nonresident sellers.

Ready to defer your Georgia gain?

DeferAlly guides you through a compliant 1031 exchange with $0 in platform fees. Start free and let our AI ally handle the 45- and 180-day clock.

Disclaimer: This page is general education, not tax or legal advice, and reflects commonly-cited 2025 rules. Confirm current rates and requirements with a qualified tax advisor and a Qualified Intermediary before acting.