Extending the Time Period of a 1031 Like-Kind Exchange
A 1031 exchange serves as a valuable tool for investors aiming to defer capital gains taxes by selling an investment property and reinvesting the proceeds in another property. Due to the tax benefits it offers, the regulations surrounding 1031 exchanges are stringent. One notable aspect is the imposition of strict timelines by the IRS for completing these transactions.
To adhere to the guidelines, potential replacement properties must be identified within 45 days following the sale of the asset to be replaced, commonly known as the relinquished property. Furthermore, the acquisition of the replacement property must be finalized within 180 days of the sale, inclusive of the initial 45-day identification period.
Alongside these timelines, taxpayers are also required to fulfill additional stipulations set by the IRS to successfully complete a 1031 exchange.
Apart from the time constraints, there are additional requirements imposed by the IRS that taxpayers must meet for a successful completion of a 1031 exchange:
Firstly, investors must refrain from accessing the proceeds generated from the sale of the relinquished property during the acquisition period. To ensure compliance with this "arms-length" status, it is necessary for investors to engage a Qualified Intermediary (QI) to facilitate the exchange. The QI assumes the following responsibilities:
- Holding the funds in a separate account that is not accessible to the investor.
- Receiving the formal identification of potential replacement properties as per IRS regulations.
- Overseeing the purchase of the identified replacement property.
- Maintaining comprehensive documentation of all transactions involved in the exchange process.
Another important requirement for a successful 1031 exchange is that the value of the replacement property must be equal to or greater than the value of the relinquished property. Additionally, the investor needs to identify potential replacement properties that fall into one of the following categories:
- The investor can identify up to three potential acquisitions without any limitation on the total value.
- The investor can identify more than three potential replacement properties, but the combined market value cannot exceed 200 percent of the original sale.
- The investor can identify any number of properties with any individual or combined value, but must subsequently acquire at least 95 percent of the identified value.
Lastly, in order to fully qualify for the 1031 exchange, the investor must not only replace the value of the relinquished property but also the debt associated with it. If the purchase price of the replacement property is lower than the sales price of the relinquished asset, the remaining amount, known as "boot," will be subject to taxation.
How to get an Extension for your Timeline
Obtaining an extension on the timeline for a 1031 exchange is generally not possible. The 180-day period allotted for completing the exchange is typically firm and cannot be extended. However, it is important to note that during the Covid-19 pandemic, the IRS did provide extended deadlines to accommodate the restrictions imposed by the crisis.
In certain circumstances, the IRS may grant an extension if the target property is located in an officially declared disaster zone. This extension allows taxpayers extra time to assess the suitability of the identified replacement property. The IRS follows the guidelines outlined in Revenue Procedure 2018-58 to determine eligibility for a disaster-related extension.
It is worth mentioning that a taxpayer may need to request an extension for filing their taxes if the exchange period overlaps with the regular tax filing deadline. For instance, if the exchange period concludes after the standard filing deadline, and the taxpayer has not successfully acquired the replacement property in time to meet the filing deadline, they can submit Form 4868 to request an extension for filing taxes.
Form 4868, also known as the Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, allows taxpayers to request an additional period of time, usually six months, to file their tax returns. This extension applies to the tax filing requirement and does not impact the 1031 exchange itself.
It is important to note that while requesting a tax filing extension may grant additional time for filing taxes, it does not extend the 180-day deadline for completing the 1031 exchange. Taxpayers must still abide by the original timeline for identifying and acquiring the replacement property to fully qualify for the tax benefits associated with a 1031 exchange.
In any case, it is advisable to consult with a tax professional or Qualified Intermediary to ensure compliance with all IRS regulations and to explore any available options for extensions or accommodations that may apply to your specific situation.
Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.
Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.
1031 Risk Disclosure:
- There’s no guarantee any strategy will be successful or achieve investment objectives;
- All real estate investments have the potential to lose value during the life of the investments;
- The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
- All financed real estate investments have potential for foreclosure;
- These 1031 exchanges are offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.
- If a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
- Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits