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IRS Extends Time Periods for Section 1031 Exchanges Due to Covid-19

GREAT NEWS: The Internal Revenue Service has approved welcomed relief for 1031 Exchangers who, as result of COVID-19 related challenges, were struggling to meet previously published timelines for identifying and concluding acquisition of “like-kind” replacement properties.

On April 9, 2020, the IRS published Notice 2020-23 (the “Notice”), which provides that the former 1031 Exchange 45-day identification and 180-day acquisition deadlines that fall on or after April 1, 2020 can be extended to July 15, 2020. Identification and acquisition deadlines that took place prior to April 1, or are scheduled for after July 15, will remain unaffected.

The most important take-away for any rental property owners who are engaged in or planning for a 1031 Exchange whose 45-day identification period or 180-day closing period initially occurred on or after April 1 and before July 15, 2020, is that they may now have up to July 15, 2020, to either identify their replacement property or close on their transaction.

Here are two examples to illustrate the current extension.

Example 1: Exchange began April 1, 2020. 45th day is May 16, which would be extended to July 15, 2020. Taxpayer must still close on replacement property by Sept 28, which is the 180th day; because Sept 28 is after the last day of the disaster period (July 15).

Example 2: Exchange began Dec 31, 2019, 45th day is Feb 14, 2020. ID period is not extended because it is before April 1. The 180th day is June 28, which would be extended to July 15, 2020.

What about the impact on state taxes?

Rental property owners should verify with a qualified tax advisor that their tax obligations to states in which they reside or where their property is located have also been extended to conform to the IRS Notice. If this is not clear-cut (and it may not be due to delays in states reacting to the Notice), a tax advisor may recommend that rental property owners adhere to the traditional 45/180 day deadlines and only take advantage of any extensions at the state level when appropriate notices have been provided.

Is there a benefit to identifying and/or acquiring replacement properties prior to July 15th?

The option to extend 1031 Exchange deadlines is voluntary and, as prior to the Notice, if a rental property owner finds advantages in completing their 1031 Exchange requirements prior to July 15th (e.g., to begin receiving rental income from the replacement property, to begin needed repairs, etc.), they are free to do so.

What if the County Recorder's Office closes or falls behind on recordings?

COVID-19 shelter in place regulations have impacted the ability of many local county recording offices to complete timely recording of property transfers. With respect to 1031 Exchanges, the transfer of one property to another generally is completed when the terms of the purchase and sale agreement have been satisfied and the buyer receives possession of the replacement property. The recording of a deed by the county recorder formally documents what has already happened when ownership was transferred and delays in recording process should not impact 1031 Exchange.

We encourage all exchangers to promptly discuss the qualifications for an extension, as well as the benefits and/or drawbacks to an extension with their legal and/or tax advisor. If, after such consultation, there is a benefit and desire to take advantage of an extension to July 15, First Guardian Group is available to assist.

To learn more about this topic, please visit our Events page to sign up for our latest webinar!

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FIRST GUARDIAN GROUP IS OPEN FOR BUSINESS

We are open for business and stand ready to assist with your exchange transaction. If you need a personal exchange consultation, we are happy to schedule a conference call at a time that works with your schedule and situation.
Please do not hesitate to contact us with your questions or concerns in these uncertain times. We look forward to hearing from you.

For more information or to schedule a consultations, please contact us at 408 392-8822 or via email at info@FirstGuardianGroup.com

Footnotes:

 1. https://www.adisa.org/news/current-news/irs-extends-time-1031s-qoza

2. But not beyond the due date (including extensions) of the taxpayer’s tax return for the year of transfer. 

3. https://www.ipx1031.com/covid19_1031_extensions/

ADDITIONAL REFERENCES:

IRS Notice 2020-23: https://www.irs.gov/pub/irs-drop/n-20-23.pdf

LATEST IRS COVID-19 News: https://www.irs.gov/coronavirus-tax-relief-and-economic-impact-payments

Paul Getty

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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