Requirements for IRC Section 1031 Exchanges

TIMELINE REQUIREMENTS

Measured from when the relinquished property closes, the Exchangor has 45 days to nominate (identify) potential replacement properties and 180 days to acquire the replacement property. The exchange is completed in 180 days, not 45 days plus 180 days.

IDENTIFICATION RULES

As an Exchangor, you are required to provide in writing an “unambiguous description” of the potential replacement property prior to midnight on the 45th day (after the close of the first relinquished property). A legal description or property address will suffice. If you wish to identify or purchase multiple properties, you must follow one of the following guidelines:

  1. Identify up to three properties of any value with the intent of purchasing at least one.
  2. Identify more than three properties with an aggregate value that does not exceed 200% of the market value of the relinquished property.
  3. Identify more than three properties with an aggregate value exceeding 200% of the relinquished property, knowing that 95% of the market value of all properties identified must be acquired.

 

A submitted purchase agreement is considered a sufficient identification.

Any properties purchased and closed within the 45-day time period qualifies as an identification.