Can the foreigner use a 1031 exchange?

Yes, a foreigner can use a 1031 exchange, but there are specific conditions. The property involved must be located in the United States, and the foreign investor must be subject to U.S. tax laws. Additionally, the exchange must follow the same regulations that apply to U.S. citizens, including the requirement to reinvest the proceeds into like-kind property. It’s advisable for foreign investors to consult with tax professionals to navigate the complexities of the U.S. tax system.