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TCP · Property Transactions (disposition of assets) · 6 practice questions

1031 deferred exchange: 45 day ID, 180 day receipt, no cash

In a deferred 1031, identify within 45 days after transfer and receive the replacement by the earlier of 180 days after transfer or the return due date; do not have actual or constructive receipt of proceeds. Below is a timeline of the deadlines and cash-control rules, plus 11 free practice questions.

The ruleFor a deferred Section 1031 exchange, identify replacement property in writing within 45 days after transferring the relinquished property and receive it by the earlier of 180 days after transfer or the tax return due date for the year of transfer, including extensions. Actual or constructive receipt of sale proceeds by the taxpayer disqualifies the exchange.

Try one first

Lopez, a calendar-year individual, transferred a U.S. rental building held for investment to a qualified intermediary on December 20, Year 1, intending a deferred like-kind exchange under Sec. 1031. Lopez identified replacement properties in writing on January 30, Year 2, and acquired one identified U.S. rental property on May 20, Year 2. Lopez received no cash or other non-like-kind property, all property involved was held for investment, and no federal income tax return extension for Year 1 was requested or obtained. Which conclusion is best supported?
Hint

Identify which deadline is earlier: 180 days after transfer or the taxpayer's return due date for the year of transfer, and check whether an extension was obtained.

The timeline

  1. Before transferContract signed

    The contract date does not start the 45-day or 180-day periods. Timing is triggered by the date you transfer the relinquished property.

  2. Day 0Transfer of relinquished property; exchange begins

    Both deadlines start now. Set up the qualified intermediary and assignment at or before closing, and the taxpayer must not have actual or constructive receipt or control of proceeds.

  3. 45 daysIdentification deadline

    Only timely identifications count. Identification must be in writing unless you actually receive the replacement property within the 45-day period, in which case that property is treated as identified. Use the 3-property rule or, if identifying more than three, keep aggregate FMV within 200% of the relinquished FMV; otherwise you must acquire at least 95% of the aggregate identified value.

  4. Unextended return due date for the year of transferEarlier-of cutoff can apply

    The receipt deadline is shortened to this date unless you obtain a filing extension. Filing an extension preserves the full 180 days; filing early does not change the statutory cutoff.

  5. 180 days after transferFinal receipt deadline

    You must receive qualifying replacement property by the earlier of this date or the return due date for the year of transfer, including extensions. Missing this deadline defeats nonrecognition.

  6. At closingNo actual or constructive receipt of proceeds

    Proceeds wired to the taxpayer or to an escrow the taxpayer controls kill the exchange. Moving cash to a qualified intermediary after closing does not cure prior receipt.

  7. Within 2 years after a related-party exchangeRelated-party disposition rule

    If a related party disposes of property received in the exchange within two years, the original transferor must recognize the previously deferred gain in the year of that disposition.

Key points

  • Both the 45-day identification clock and the 180-day receipt clock start on the date the relinquished property is transferred, not on the contract date and not on the date a qualified intermediary receives funds.
  • The receipt deadline is the earlier of 180 days after transfer or the return due date for the year of transfer, including extensions. Filing an extension preserves the full 180 days; filing the return early does not shorten the period.
  • Use a qualified intermediary and prevent the taxpayer from receiving or controlling the proceeds at or before closing. Routing funds to the taxpayer or an escrow the taxpayer controls defeats nonrecognition.
  • Identification limits: identify up to three properties regardless of value, or identify more than three only if aggregate FMV does not exceed 200% of the relinquished FMV; otherwise, the 95% acquisition exception must be met.
  • Only properties timely identified within 45 days (or actually received within the 45-day identification period) are valid; acquiring a property that was not timely identified defeats nonrecognition.
  • Related-party exchanges can be disqualified if a related party disposes of the property within two years, which triggers recognition of previously deferred gain to the original transferor.

How the exam traps you

  • Starting the 45-day and 180-day clocks on the contract date or the date the QI receives proceeds. Start both periods on the date you transfer the relinquished property.
  • Ignoring the earlier-of rule and assuming you always have 180 days. You must receive replacement property by the earlier of 180 days after transfer or the return due date for the year of transfer. File an extension to preserve the full 180 days.
  • Exceeding the identification limits by listing more than three properties with aggregate value over 200% and acquiring less than 95% of that value. Use the 3-property rule or keep aggregate identified FMV within 200% of the relinquished FMV, or acquire at least 95% of aggregate identified value.
  • Letting sale proceeds hit the taxpayer’s account or be subject to the taxpayer’s control at closing. Have assignment and exchange documents in place at or before closing and route proceeds to a qualified intermediary under restrictions that prevent taxpayer control.

5 more, each from a different angle

0 of 5 answered · 0 correct

Question 2

Nora owns a warehouse used in her sole proprietorship. The warehouse has appreciated, and Nora wants to dispose of it this year while deferring current gain if possible. Assume any replacement property will also be used in the business, the properties involved are of equal value, no liabilities are assumed, and no related parties are involved. Which action is the best way for Nora to obtain nonrecognition treatment?
Hint

Focus on two things: what kind of property still qualifies under current Sec. 1031, and whether the taxpayer ever receives the sale proceeds.

Question 3

Dara LLC owns U.S. land held for investment with a substantial built-in gain. Dara plans to dispose of the land in 20X6 and wants to defer as much current gain as possible under Section 1031. Assume Dara is not a dealer, there are no liabilities on any property, all parties are unrelated, and any replacement property will also be held for investment. Which of the following actions best achieves Dara's objective of maximizing gain deferral?
Hint

Compare each choice to the Section 1031 delayed-exchange requirements: the 45‑/180‑day timing rules and whether any cash or non-like-kind property would be received.

Question 4

J, a calendar-year taxpayer, held an office building for investment. On March 15, Year 1, J sold the building to an unrelated buyer; at closing the buyer wired the entire sale proceeds directly to J's personal bank account, and J had unrestricted access to the funds. No exchange agreement, escrow instruction, or assignment directing the proceeds to a qualified intermediary existed at or before closing. On March 17, Year 1, J signed an exchange agreement with an unrelated qualified intermediary and transferred the same cash to the intermediary. J identified replacement U.S. real property within 45 days and acquired it within 180 days. Assume both the relinquished and replacement properties otherwise meet the like-kind and holding-purpose requirements of Section 1031, and no debt or other non-like-kind property is involved. What is the best conclusion regarding Year 1 nonrecognition treatment?
Hint

After confirming the 45-day and 180-day timing rules, focus on who had actual or constructive receipt of the sale proceeds at closing and whether any exchange arrangement, escrow instruction, or assignment existed at or before closing.

Question 5

Nell owns land held for investment with an adjusted basis of $220,000 and a fair market value of $400,000. She wants to dispose of the land in Year 1 and defer the maximum amount of current gain that the tax law allows. Assume the disposition is voluntary, the land is not inventory, equal-value replacement property is available, and any replacement property she acquires will also be held for investment. Which action is the best to achieve Nell's goal?
Hint

Focus on the current scope of Section 1031 and ask whether the taxpayer ever receives cash or other non-like-kind property.

Question 6

On June 3, Year 1, Hart, a calendar-year taxpayer, transferred U.S. investment land with an FMV of $1,050,000 and an adjusted basis of $420,000 to a buyer through a qualified intermediary; Hart had no right to receive the sale proceeds before the exchange ended. By July 15, Year 1 (within the 45‑day identification period) Hart identified four U.S. replacement properties with FMVs of $260,000, $390,000, $400,000, and $1,060,000. On November 20, Year 1 (within the 180‑day replacement period) Hart acquired only the $1,060,000 property and none of the others. Which conclusion is most accurate regarding Hart's claimed Section 1031 nonrecognition treatment?
Hint

First apply the 45‑day identification tests: count the identified properties and compare their aggregate FMV to 200% of the relinquished FMV; consider the 95% acquisition exception only after that comparison.

Drill all 130 Nontaxable disposition of assets questionsMixed across every rule in the topic, so you have to spot which one applies. That is how the exam does it.

Common questions

When do the 45-day and 180-day periods start for a deferred 1031 exchange?

Both periods begin on the date you transfer the relinquished property. The contract date or the date the qualified intermediary receives funds does not start the clocks.

Does filing a tax return extension give more time than 180 days?

The receipt deadline is the earlier of 180 days after transfer or the return due date for the year of transfer, including extensions. Filing a valid extension preserves the full 180 days; filing early does not shorten the period.

Is written identification always required within 45 days?

Identification must be in writing unless you actually receive the replacement property within the 45-day identification period. Actual receipt within 45 days is treated as identification.

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