1031 Exchanges Started Later in the Year

When starting a 1031 Exchange later in the year, many taxpayers do not consider if there are any issues that may come up, but there can be.

If a taxpayer doing a 1031 Exchange has their relinquished property close between October 18, 2024 and December 31, 2024, their 180 day exchange period will expire after the tax filing date of April 15, 2025. In this case, the taxpayer may need to file for an extension of their taxes on (or prior to) April 15th rather than filing their final tax return.

For example, if a relinquished property closes in a 1031 Exchange on December 1, 2024, one would assume that they had the standard 45 day identification period to identify replacement property and the standard 180 day exchange period to acquire all replacement properties for said exchange. While the 45 day identification period does not change, there is a change with the 180 day exchange period.

As IRC §1031 reads, the exchange period is the shorter of 180 days or the due date of the taxpayer’s tax return. For the 2024 tax year, the tax filing date for a standard yearly filer is Monday, April 15, 2025. However, if their relinquished property closed on December 1, 2024, a taxpayer would assume that they have until May 30, 2025 to complete your 1031 Exchange. That is not the case. The expiration of their exchange will occur on April 15, 2025.

To avoid this situation and be able to utilize all 180 days of the 1031 Exchange period, the taxpayer must file for an extension. Many taxpayers will not need the extension, as they will complete their exchange on or before the April 15th deadline. But, for those who do need all 180 days for their transaction, an extension will be required. In situations like this, the exchangor’s tax professional will normally work with them in completing Form 4868.

Please consult with your tax advisor to be assured that you are in compliance with the requirements for your specific transaction.