North Carolina

A 1031 exchange in North Carolina, where the buyer reports the sale.

North Carolina does not withhold from nonresident sellers at closing. The buyer reports the sale to the Department of Revenue instead, and the seller's own return does the rest.

Updated September 30, 2026 · Reviewed by onezero3one professional staff on September 30, 2026

North Carolina adds little to an exchange at closing. Nothing is withheld from a nonresident seller; instead the buyer files Form NC-1099NRS within 15 days reporting the sale, and North Carolina follows the federal deferral. The one cost that always applies is the excise tax on the deed, paid by the seller.

onezero3one acts as qualified intermediary for exchanges of North Carolina property, subject to a review of each file before an exchange agreement is signed. We work with your closing agent and tax advisor; we do not give tax or legal advice.

What is specific to this state

The federal rules in IRC §1031 decide whether an exchange qualifies. The items below are state requirements that sit alongside them at closing or on the return. Each links to the official source it was checked against; confirm the current version with your closing agent and tax advisor before relying on it.

State items for an exchange (researched September 30, 2026)
IssueWhat appliesUsually handled bySource
Buyer report instead of withholdingNorth Carolina does not withhold at closing in the NCDOR materials reviewed. Instead, the buyer of North Carolina real property from a nonresident individual, partnership, estate or trust files Form NC-1099NRS within 15 days of closing, reporting the seller and the gross sales price, and gives the seller a copy. The form has no exception for exchanges.
Purchases from nonresident sellers.
Buyer, usually through the closing attorneyNCDOR, Form NC-1099NRS instructions; 17 NCAC 06B .3906
Checked September 30, 2026
Excise tax on deedsNorth Carolina's excise tax is $1 per $500 of consideration on each deed, paid by the seller to the register of deeds before recording. The statutory exemptions do not include exchanges; some counties add a local land transfer tax.
Every deed.
Closing attorney, charged to the sellerN.C. Gen. Stat. §§105-228.29, 105-228.30
Checked September 30, 2026
State income tax treatmentNorth Carolina starts from federal adjusted gross income and makes no adjustment for §1031, so a deferred exchange is deferred for North Carolina. The state decoupled from Opportunity Zone deferral, not from like-kind exchanges.
Individuals.
Your tax advisorN.C. Gen. Stat. §§105-153.4, 105-153.5; NCDOR
Checked September 30, 2026

The buyer's report, NC-1099NRS

When a nonresident individual, partnership, estate or trust sells North Carolina real property, the buyer files Form NC-1099NRS with the Department of Revenue within 15 days of closing, reporting the seller's name and taxpayer identification number, the property, the closing date and the gross sales price, and gives the seller a copy. The form has no exception for exchanges, so expect it to be filed even though your gain is deferred. The closing attorney usually handles it for the buyer and will ask you for your taxpayer identification number.

The report tells the Department that a sale happened. Your own North Carolina return, and your Form 8824, show why no gain was recognized. A nonresident with recognized gain, for example from boot, may also owe estimated tax.

Excise tax on each deed

North Carolina's excise tax is $1 per $500 of consideration, paid by the seller to the register of deeds before the deed is recorded. The statutory exemptions do not include exchanges, and some counties add a local land transfer tax. On a North Carolina replacement purchase, the seller of that property pays it.

State income tax

North Carolina starts from federal adjusted gross income and makes no adjustment for §1031, so a deferred exchange is deferred for North Carolina. The state did decouple from federal Opportunity Zone deferral; that is a different provision and does not affect a 1031 exchange.

Questions North Carolina sellers ask

Does North Carolina withhold tax from a nonresident seller?

Not in the Department of Revenue's materials we reviewed. The buyer files NC-1099NRS; any tax is settled on the seller's return.

Will the buyer still file NC-1099NRS if I am exchanging?

Expect so; the form has no exchange exception.

Who pays the excise tax?

The seller, at $1 per $500, before recording.

Related

Sources