Talk to an Advisor

What Are The Deadlines For Identifying Replacement Property In A 1031 Exchange?

If you are considering a 1031 exchange, it’s important to understand the deadlines for identifying replacement property. A 1031 exchange allows real estate investors to defer paying taxes on the sale of their investment property by using the proceeds to purchase a similar property. This powerful tax strategy can save investors a significant amount of money, but there are strict rules and deadlines that must be followed.

One of the most important deadlines in a 1031 exchange is the deadline for identifying replacement property. This is the date by which the investor must identify potential replacement properties that they intend to purchase with the proceeds from the sale of their original property. There are two different deadlines that can apply, depending on the type of exchange:

  1. 45-Day Identification Period: If you are doing a standard 1031 exchange, you have 45 days from the date of the sale of your original property to identify potential replacement properties. This deadline is strict, and it cannot be extended for any reason. You must identify one or more potential replacement properties in writing, and the identification must be specific enough to allow the seller to know which property you are interested in purchasing.
  2. 180-Day Exchange Period: Once you have identified replacement property, you must complete the purchase within 180 days of the sale of your original property. This deadline includes the 45-day identification period, so you have a total of 135 days after identifying the replacement property to complete the exchange.

It’s important to note that the IRS has specific rules for identifying replacement property. You must identify potential replacement properties that meet one of the following criteria:

  • Three Property Rule: You can identify up to three potential replacement properties of any value.
  • 200% Rule: You can identify any number of potential replacement properties, as long as their total value does not exceed 200% of the value of your original property.
  • 95% Exception: If you have identified more than three potential replacement properties, you must purchase at least 95% of the total value of the properties you identified.

If you fail to identify replacement property within the 45-day identification period, your exchange will fail, and you will be required to pay taxes on the sale of your original property.

Identifying replacement property is a critical part of a 1031 exchange. Investors must carefully follow the IRS rules and deadlines to ensure a successful exchange. If you are considering a 1031 exchange, it’s important to work with a qualified intermediary who can guide you through the process and help ensure that you meet all the necessary requirements. At 1031 Exchange Place, we specialize in 1031 exchanges and can provide the expertise and guidance you need to maximize the tax benefits of your real estate investments. Contact us today to learn more.