45-day identification period
The window in a 1031 exchange for identifying replacement properties in writing. Starts the day the relinquished property sells. No extension for holidays or weekends.
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Part 1 of 4
Why a seller cares
Forty-five days from the sale to name the replacement, in writing, with no extensions for weekends or holidays. It is the deadline that fails most exchanges, because the search starts late.
Part 2 of 4
A simple example
Your rental closes on a Friday. Day 45 falls on a Sunday six weeks later, and the identification letter has to be delivered by then, not Monday.
| What happens | What follows |
|---|---|
| Identification delivered on day 44 | The exchange continues |
| Delivered on day 46 | The exchange fails; the gain is taxed |
| Identified properties all fall through | No new names after day 45; the exchange fails |
Forty-five calendar days, in writing, no exceptions.
Part 3 of 4
What people get wrong
That a verbal identification to the intermediary counts. It has to be written, signed and delivered.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
In your Room, this word explains itself where it appears.
Your Room defines 45-day identification period in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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