If Your 1031 Exchange Fails, How Soon Can You Get Your Funds Back?

Sometimes, 1031 exchanges fail. This can happen for a number of reasons. Perhaps the taxpayer couldn’t find a suitable replacement property within their 1031 exchange time limits, or perhaps the taxpayer simply changed their mind before completing the process. In this article, we are going to talk about what happens when an exchange fails and how soon you can get your funds back.

Treasury Regulations

When you engage a qualified intermediary to help you with your 1031 exchange, the intermediary holds your money in a separate, segregated 1031 exchange escrow account so that you (the taxpayer) do not have constructive receipt of those funds. If, later on in the process, the taxpayer decides they do not wish to do a 1031 exchange any longer and wants their money back, this can cause some headaches.

Let’s talk a little bit about how the treasury regulations work. After you sell your relinquished property, you have 45 days to identify your replacement property. If you don’t make an identification, or if you revoke your identification, at midnight on the 45th day your exchange will fail. If you want to tank your 1031 exchange, the best way is to fail to identify or revoke identification of your replacement property. At that point, your qualified intermediary will return your funds to you on the next business day, typically by wire transfer.

A Difficult Scenario

The difficult situation comes when the taxpayer identifies several replacement properties. Let’s say the taxpayer closes on one of those properties but still has unused exchange funds in their account and the other two properties fall through. If this happens in the period between the 45th day and the 180th day of your exchange, you’re in a tough predicament because the intermediary can’t release your funds without jeopardizing your exchange. In that situation, your money may be tied up until after the 180th day.

Qualified Intermediaries at CPEC1031 LLC

At CPEC1031, LLC we facilitate like-kind exchanges of real estate in Minnesota and across the United States. Our qualified intermediaries have decades of experience helping taxpayers defer their capital gains taxes on investment real estate. Contact our team today to learn more about the full extent of our services and how we can help with your next 1031 exchange. You can find us at our primary offices located in downtown Minneapolis.

  • Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

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