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The first rule is the most common rule, the three-property rule. A taxpayer can identify one, two or three properties and acquire one, two or all three properties regardless of the properties fair market value. If more than three properties are to be identified, a taxpayer may choose to identify under the 200% rule.
Three Property Rule. The Three Property Rule is defined under IRC Section 1031, which states that an exchanger or taxpayer executing a delayed exchange has 45 calendar days from the closing date of the sale of their relinquished property to formally identify a replacement property or properties.
The 95% rule says that a taxpayer can identify more than three properties with a total value that is more than 200% of the value of the relinquished property, but only if the taxpayer acquires at least 95% of the value of the properties that he identifies.
What Is A 1031 Tax Deferred Exchange? The 1031 Exchange allows you to sell one or more appreciated assets (generally rental or investment real estate, but could be non-real-estate) and defer the payment of your capital gain taxes by acquiring one or more replacement properties.
In a typical Internal Revenue Code (IRC) §1031 delayed exchange, commonly known as a 1031 exchange or tax deferred exchange, a taxpayer has 45 days from the date of sale of the relinquished property to identify potential replacement property. This 45-day window is known as the identification period.
In most cases taxpayers use the three property rule. The taxpayer may identify up to three replacement properties and may acquire one, two or all three of those.
An exchange of multiple properties or assets can be a tax-deferred like-kind exchange. A 1031 exchange of multiple properties or assets occurs if there is one or more relinquished properties being sold and transferred and/or one or more like-kind replacement properties being identified and acquired.
Identification must be made in a written document signed by the taxpayer. The identification must be hand-delivered, mailed, telescoped, or otherwise sent before the end of the identification period.
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