Before you initiate a 1031 exchange, you need to confirm the property that you currently own and the one you intend to purchase will qualify as “like-kind” property. We’ve written a separate article that goes into detail on the like-kind property requirement
and the types of property that qualify, so give that a read if you are not sure.
Another important step you’ll want to take before you sell your property is to find a qualified intermediary (QI)
. The QI will hold the funds from the sale during the course of the 1031 exchange, and will also be the person you notify when you’ve identified the replacement property you wish to purchase. The QI will be entrusted with holding a significant amount of money for an extended period of time, so do your research and find a QI you can trust.
Lastly, time is of the essence in a 1031 exchange, which is why we recommend starting your search for a replacement property before the clock starts counting down. You don’t have to commit to anything at this stage, but having a few properties lined up prior to the sale can give you extra peace of mind.
Of course, it’s not a requirement to take any of these steps prior to selling your property and initiating the 1031 exchange process, but it’s in your best interest and will help the rest of the process run smoothly.
Be sure to read 5 Steps to Take Before Your 1031 ExchangeIdentification Period
Once the sale of your property is complete, the identification period of the 1031 exchange process begins. This period is relatively short and has a strict timeline that will keep you from being able to complete a successful exchange if it is not met.
You have 45 days after the sale of your property to identify a suitable replacement property (or properties) that qualify under the like-kind requirement. This 45-day period starts the day after the sale closes and includes all calendar days, including weekends and holidays. For example, if you sell your property on June 1st, you will have until July 16th to identify a replacement.
During this period, you will notify your QI of the properties you have selected. Once the 45 days is over you will only be allowed to purchase the properties you have identified. In most cases you can identify up to three properties, so choose wisely and select properties that not only meet your investment criteria, but that you feel confident you will be able to purchase.
One important point to keep in mind while you identify properties is that only the cash used to purchase the new property will be exempt from capital gains tax under the rules of a 1031 exchange. If the property you purchase costs less than the money you received from the sale of your original property, the amount left over will be taxed. This is why most investors will try to identify properties of the same or greater value than the one they sold.
If you wish to identify more than three properties, you can do so as long as the total fair market value of what you identify is 200% or less of the price you sold your property for. Make sure to give yourself a buffer on the fair market value in case a property ends up being valued higher than what you estimated and puts you over the 200% limit.