The 1031 proceeds of the sale must be re-invested in a like-kind asset within 180 days of the sale. Restrictions are imposed on the number of properties which can be identified as potential Replacement Properties within the first 45 days after closing. More than one potential replacement property can be identified as long as you satisfy one of these ALTERNATIVE rules:
- The Three-Property Rule – Up to three properties regardless of their market values. All identified properties are not required to be purchased to satisfy the exchange; only the amount needed to satisfy the value requirement. [This is the most commonly used rule]
- The 200% Rule – Any number of properties as long as the aggregate fair market value of all replacement properties does not exceed 200% of the aggregate Fair Market Value (FMV) of all of the relinquished properties as of the initial transfer date. All identified properties are not required to be purchased to satisfy the exchange; only the amount needed to satisfy the value requirement.
- The 95% Exception – Any number of replacement properties if the fair market value of the properties actually received by the end of the exchange period is at least 95% of the aggregate FMV of all the potential replacement properties identified. In other words, 95% (or all) of the properties identified must be purchased or the entire exchange is invalid.
NOTE: The replacement property received must be substantially the same as property identified within the 45-day limit described above.
For more information, please check out this video.
Commercial Partners Title
Commercial Partners Title offers title underwriting and closing services for commercial real estate transactions. We have decades of experience working with taxpayers on commercial transactions large and small. Our focus is on relationships and top-notch customer service. In fact, we are recognized by our peers as experts in the field of commercial title insurance both in Minnesota and across the country! Contact us today to discuss your next transaction and see how we can help. Our main office is located in downtown Minneapolis, but we work with clients throughout the United States.