180 day deadline

Crucial Deadlines in a 1031 Exchange

In this 1031 FAQ video, Jeff Peterson lays out the two most important deadlines you need to abide by in a 1031 exchange. Watch more 1031 educational videos here.

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

Defer the tax. Maximize your gain.

 

© 2016 Copyright Jeffrey R. Peterson All Rights Reserved

1031 Exchange Timeline

1031 timeframes

Let’s talk about the timeline for a typical 1031 exchange. For simplicity, we have broken the timeline down into a handful of stages.

Sale of Your Relinquished Property

The first stage of the transaction is the sale and marketing of your old relinquished property.

Closing

Once you have found a buyer, a closing occurs. This closing is day zero in your 1031 exchange. We draw a line out from that date to 180 days thereafter. That is the total timeframe that is available to you to complete your 1031 exchange.

45 Day Identification Period

But within that timeframe the first 45 days are called the identification period. In the 45 day period, you have to make a written designation or identification of your replacement property. Any properties that you purchase during that first 45 days are deemed to be identified because you closed on them, you own them.

However, any properties that you are going to buy in the remaining 135 days will not be considered like kind unless they were designated and identified during the first 45 days.

Most taxpayers work really hard to sell their relinquished property, then they work really hard during the 45 day period to designate their three best guesses, crossing their fingers that they’ll be able to close on one or more of those properties in the remaining 135 days.

All of this is stressful. But knowing the deadlines in advance allows you to work ahead on these benchmarks. Wouldn’t it be nice if you entered the identification period with a replacement property in your sights or locked up with a purchase agreement? These deadlines are strictly enforced, so thinking ahead like a chess player will help you navigate the 1031 process with as little stress as possible.

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

Defer the tax. Maximize your gain.

 

© 2016 Copyright Jeffrey R. Peterson All Rights Reserved

2 Critical Deadlines in a 1031 Exchange

In a 1031 exchange there are two critical deadlines you need to know about:

  1. The 45 Day Identification period

  2. The 180 Day Exchange Period

When you begin a 1031 exchange, the day of closing is considered day zero. After that you have 180 days to complete your exchange. But the critical time frame is the first 45 days of that 180 day period because that’s the time you have to designate (or identify) your replacement property or properties. Determine your 45 day / 180 day deadlines using our calculator.

IRS Curveball

This all sounds simple – 45 days to identify, 180 days to complete, with both clocks running concurrently. But wait a minute. The IRS throws you a curveball. They say:

“We don’t want to wait until next year’s tax return to see the full picture. We want this all reported to us on one tax return.”

So you might have 180 days to complete your exchange, but if your deadline for filing your federal tax return (April 15 for individuals, March 15 for corporations) pops up within that 180 day period, they shorten your 180 days to your federal tax filing deadline. That’s a big trap for the unwary. But it’s an easy problem to sidestep.

All you need to do is ask your CPA to file for an extension of your federal filing deadline. For example, an individual who files on April 15th can get an automatic extension of the deadline to October 15, thus enabling them to use all of their 180 day exchange period.

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

Defer the tax. Maximize your gain.

 

© 2016 Copyright Jeffrey R. Peterson All Rights Reserved