How Long Do You Have to Identify a Property in a 1031 Exchange?

In a 1031 exchange, once the relinquished property is sold, the investor has 45 calendar days to identify potential replacement properties. This is known as the 45-day identification period, and it begins the day after the sale closes.

1031 Exchange Identification Rules

To comply with IRS 1031 exchange rules, investors must properly identify their replacement property within 45 days and follow these guidelines:

Written Identification – The identification must be in writing, signed by the investor, and delivered to the Qualified Intermediary (QI), seller, or escrow agent. Email or fax is acceptable if agreed upon.
Specific Description – The property must be clearly described, including its legal description, street address, or a distinguishable name (e.g., “The Maple Street Apartments”).
Identification Deadlines – The identification must be made by midnight of the 45th day. If the 45th day falls on a weekend or holiday, the deadline is not extended.

What Are the 1031 Exchange Property Identification Rules?

The IRS allows investors to identify replacement properties using one of these three rules:

The Three-Property Rule (Most Common)
- Investors can identify up to three properties of any value.
- They are not required to purchase all three, but one must be acquired.
The 200% Rule
- Investors can identify more than three properties, but their total fair market value cannot exceed 200% of the relinquished property's sale price.
The 95% Rule
- Investors can identify an unlimited number of properties, but they must acquire at least 95% of the total value of all identified properties.

Investor selecting 1031 replacement property

Example of 1031 Exchange Identification Rules

If an investor sells a property for $1,000,000, their identification options are:

Three-Property Rule – Identify up to three properties of any value.
200% Rule – Identify more than three properties, but their total value cannot exceed $2,000,000.
95% Rule – Identify any number of properties but must acquire 95% of the total identified value.

What Happens If You Miss the 45-Day Deadline?

Failing to meet the 1031 exchange identification deadline can disqualify the exchange, meaning:

The investor will owe capital gains taxes on the sale.
They may also be subject to depreciation recapture taxes.
The exchange will no longer be IRS-compliant, requiring full tax payment on the gain.

Missing the 45-day deadline consequences

Key 1031 Exchange Deadlines to Remember

45-Day Identification Period – Starts the day after closing on the relinquished property.
180-Day Purchase Deadline – The investor must close on the replacement property within 180 days from the sale (or by their tax filing deadline, including extensions, whichever comes first).

How to Ensure a Successful 1031 Exchange

Work with a Qualified Intermediary (QI) to handle the 1031 exchange funds and documentation.
Keep detailed records of identified properties and communications.
Consult a tax professional to ensure full IRS compliance.

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