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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.
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.
The term 1031 Exchange is defined under section 1031 of the IRS Code. (1) To put it simply, this strategy allows an investor to defer paying capital gains taxes on an investment property when it is sold, as long another like-kind property is purchased with the profit gained by the sale of the first property.
Keep your options open. Think broadly when considering a property for your 1031 exchange. Hire a Qualified Intermediary. Hire a commercial real estate broker. Stick with properties of equal or higher value to avoid capital gains tax. You can identify more than one property. You can even identify more than three properties.
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.
Section 1031 of the Internal Revenue Code provides that you can defer the taxes on the Capital Gains and the Depreciation Recapture when you sell your real estate investment property. So, the closing is over, but you have not received the funds, and therefore you still qualify to engage in a Section 1031 Exchange.
200% Rule. This rule says that the taxpayer can identify any number of replacement properties, as long as the total fair market value of what he identifies is not greater than 200% of the fair market value of what was sold as relinquished property.
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.

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