By Jason Gorman
•
March 9, 2023
Most investors have heard that the IRS requires a 1031 Exchange to be completed within a maximum time period of 180 days from start to finish, but what many don’t realize is that IRS Section 1031 actually imposes two possible deadlines, and it applies whichever one occurs first. The most well-known deadline is, or course, the 180-day maximum, but the second one that could cut that period short is the Due Date for the Taxpayer's Tax Return. Say you sell your relinquished property late in the year, sometime after October 18 th , which means that your 180-day exchange period would extend beyond April 15 th of the following year. If you are filing an individual or joint tax return, including LLC's reporting on an individual or joint tax return, the Exchange Period would be limited by the earlier April 15 th Tax Due Date. The most extreme example of this would be an exchange that begins with a sale on December 31st, which would leave only 105 days left until April 15 th . Luckily the solution is simple, if you need the extra time to complete the exchange, make sure to file an extension that extends the Due Date for your tax return beyond the end of the 180-day Exchange Period. This will ensure that you get your full 180 days to complete the Exchange. Logically this rule does make sense because filing a 1031 Exchange requires two parts. The first is reporting the sale of the relinquished property asset and the second is reporting what you received in exchange, which would be one or more replacement properties. It would not be possible to report the outcome of the exchange until all purchases were complete, so filing a tax return in the middle of the process would not work. The other outcome of this provision is to ensure that all 1031 Exchanges are reported in the tax filing year in which the Exchange started and are not carried over into the next tax filing year.