1031 & 721 Exchanges

Defer the Tax. Keep the Capital.

Tax-deferred 1031 and 721 exchanges for farmland transactions — strict timelines, real planning, no surprises.

Talk About a 1031 Exchange

No obligation. No hourly billing. Tell us about the sale and we will reach out.

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100% Confidential. Flat-fee pricing.

Sell the Farm Without Losing a Third to Taxes

When a farm family sells land that has been held for decades, the capital gains tax can be massive. Combined federal and state taxes on a sale of appreciated farmland can take a significant share of the gain.

A 1031 Exchange allows you to defer that entire tax bill by reinvesting the proceeds into replacement property. The key word is “defer” — the tax is not eliminated, but with proper estate planning, it can potentially be eliminated at death through stepped-up basis.

A 721 Exchange allows you to contribute appreciated farmland into a REIT in exchange for operating partnership units — providing tax deferral, diversification, and passive income.

Both types have strict IRS requirements, including the 45-day identification period and 180-day closing deadline. Missing these deadlines means the exchange fails and the full tax is owed. As part of our comprehensive farm real estate practice, we coordinate every step to ensure compliance.

timerCritical Deadlines

  • Day 0
    Close on relinquished property. Proceeds go to Qualified Intermediary.
  • Day 45
    Identify replacement property in writing. Max 3 properties (or 200% rule).
  • Day 180
    Close on replacement property. No extensions. Exchange must be complete.
Kole shaking hands at a closing table after 1031 exchange

The Stepped-Up Basis Strategy: Deferral That Becomes Elimination

Here’s where 1031 exchanges and estate planning intersect powerfully. When you do a 1031 exchange, the deferred gain carries forward to the replacement property. You owe that tax if you ever sell the replacement property without doing another exchange.

But here’s the key: if you hold the replacement property until death, your heirs receive a stepped-up basis — meaning the property’s tax basis resets to its fair market value at the date of death. The deferred gain is never taxed. It disappears.

This means a properly planned series of 1031 exchanges, combined with a trust-based estate plan, can result in generational farmland transfers with zero capital gains tax — completely legally.

We coordinate 1031 exchanges with your broader estate plan to achieve maximum tax efficiency across generations.

The Midwest Ag Law Process

We don’t do hourly billing, and we don’t hand you a stack of paper and wish you luck. Our process is designed to be transparent, thorough, and completely finished when we’re done.

1

Pre-Sale Planning

Before listing the property, we structure the transaction as a 1031 exchange. We select a Qualified Intermediary and set up the exchange agreement.

2

Sale & Identification

The relinquished property closes and proceeds go to the QI — never to you. Within 45 days, we help you identify replacement properties in writing.

3

Acquisition & Closing

We coordinate the purchase of replacement property within the 180-day deadline. We ensure all documentation is proper and the exchange is complete.

Exchange Services

Tax-deferred transactions for farmland.

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1031 Exchange Counsel

We guide you through the entire exchange — from structuring the sale to closing within the 180-day deadline.

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721 Exchange / UPREIT

For landowners who want to diversify out of farmland into a REIT while deferring capital gains.

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Basis & Tax Coordination

We coordinate with your CPA to track basis, calculate deferred gains, and ensure the tax reporting is handled correctly.

What Our Clients Say
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Sandramere Seed & Supply Co. profile picture
Sandramere Seed & Supply Co.
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Kole helped us develop HR documents and create some customer forms for our business. Kole really helps put legal language in understandable form. We really appreciate his thorough nature and ability to ask the right questions to uncover issues we had not considered. His agricultural knowledge is extremely valuable. Thanks Kole! We really appreciate you!
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James Jensen profile picture
James Jensen
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Working with Kole was easy and convenient. He answered all our questions and helped us get our trust established quickly.
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Brandon Boardman profile picture
Brandon Boardman
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Kole's personal experience and understanding in agriculture makes him a great attorney for all of your farms estate planning. He's very prompt, professional and he really cares about your needs. What a great guy.
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Mary Mollenhauer profile picture
Mary Mollenhauer
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Working with this firm feels less like hiring a lawyer and more like bringing on a strategic partner for your legacy. They truly understand the complexity of multi-generational farming operations and approach every plan with both precision and long-term vision. For families managing significant agricultural assets, this is exactly the kind of counsel you want in your corner.
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Mitch Mender profile picture
Mitch Mender
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Kole is a bright and compassionate attorney. He knows what he is doing!
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Pooja Vasudev profile picture
Pooja Vasudev
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Kole Pederson walks the walk and talks the talk! As a former aerial applicator, he has fully lived the agricultural life so he is qualified to assist farmers, ranchers, and agricultural business owners with their estate planning/probate, business law, and real estate legal needs. Kole is diligent, resilient, and down to earth with a genuine commitment to help clients. In this day and age, when everything has become less tangible and very technological - Kole is the kind of attorney agricultural folks can benefit from having on their side!
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Matt Snoberger profile picture
Matt Snoberger
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Kole was easy to work with and has vast knowledge of agriculture and a lot of common sense. One of the easiest people I’ve ever worked with.
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Flynn Baker profile picture
Flynn Baker
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I have worked with Kole on a legislative and policy committee for a non profit organization. Kole's input was incredibly valuable; especially navigating legal jargon and procedures as well as his attention to detail and timeliness. I am glad to have worked with him and trust his recommendations and actions in legal matters.
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Becky profile picture
Becky
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I was doing an online search for an attorney and ran across Midwest Ag Law. I called and Mr. Pederson actually answered the phone himself, which Never happens these days! Unfortunately, he doesn't do Guardianship cases, but was very kind and went out of his way to give me some referrals!
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Curt Friesen profile picture
Curt Friesen
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Legal work made simple. Very professional firm that delivered everything I needed, when I needed it, and at a reasonable price. Great to work with and will use them again.
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Frequently Asked Questions

Can I exchange farmland for a rental property in town?expand_more
Yes. 1031 exchanges require “like-kind” property, which for real estate simply means any real property held for investment or productive use.
What happens if I miss the 45-day deadline?expand_more
The exchange fails. The entire gain on the sale becomes taxable in the year of sale. There are no extensions. This is why working with an experienced attorney is critical.
Can I do a 1031 exchange and use part of the proceeds for personal use?expand_more
Yes, but any proceeds not reinvested (called “boot”) are taxable. We structure transactions to minimize or eliminate boot.

Thinking About Selling Farmland?

If you’re considering a sale, talk to us first. A properly structured exchange could save your family hundreds of thousands in taxes. Free consultation.