Tax Deferred Exchange Rules

Tax Deferred Exchange Rules

IRS IRS 1031 tax code stipulates that exchangers must identify potential replacement properties withing 45 days of the close of escrow and acquire said property (or properties ) withing 180 days of the closing of the relinquished property. Furthermore, investors must comply with one of the following rules:

  • The Three-Property Rule - Seller must identify up to a total of three potential replacement properties within the Acquisition Period.

  • The 200% Rule - Stipulates that the aggregate value of all replacement properties in the exchange must not exceed 200% of the value of the relinquished property at the time of sale.

  • The 95% Exception - Finally, the 95% rule stipulates that the aggregate value of all like kind replacement properties must account for at least 95% of the value of the relinquished property at the time of sale in order for the exchange to qualify. This rule applies only if rules 1 and 2 are invalid.

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