The 45 day notification is critical to comply with or your exchange may fail. Please call us at 866-944-1031, if you have any questions on the rules below:
The rules for Identification in your 1031 exchange are as follows:
- An investor can identify up to 3 properties of any value.They must be unambiguously described.
- If more than 3 properties are identified, a rule called “the 200% rule” is imposed that restricts the total dollar value of property being identified to no more than 200% (or double) the value of the property that was sold (i.e. if you sell for $1ml and identify 4-5 properties, the total value of the 4-5 identified cannot exceed $2ml.)
- If the 200% rule is surpassed, another rule comes into play called “the 95% rule” that states that an investor must purchase at least 95% of all of the identified properties
- If the above rules are broken, the exchange could fail in the event of an audit.
Who Must Receive the Identification?You may upload it completed here to us as your accommodator or you may submit it to: The person obligated to transfer the replacement property; such as the seller of the replacement property, or a title agent, or to any other person involved in the exchange, such as the Qualified Intermediary other than a ” disqualified person” such as an agent or family member of the taxpayer’s family