In a reverse 1031 exchange transaction, how long may a replacement property be in the parked phase?

Question

In a reverse 1031 exchange transaction, what is the maximum duration for which a replacement property can be held by an Exchange Accommodation Titleholder (EAT) under a parking arrangement before the taxpayer must complete the exchange by transferring the relinquished property?

ARTE's Answer

In a reverse 1031 exchange, the concept of “parking” is crucial. This involves temporarily holding the replacement property with an Exchange Accommodation Titleholder (EAT) until the taxpayer can sell the relinquished property. The parking arrangement is governed by Revenue Procedure 2000-37, which provides a safe harbor for reverse exchanges.

The maximum duration for which a replacement property can be in the parked phase is 180 days. This period begins when the EAT acquires the replacement property. Within these 180 days, the taxpayer must sell the relinquished property and complete the exchange to qualify for the tax deferral benefits under Section 1031.

To illustrate, let’s consider an example where Deferred.com acts as your qualified intermediary. Suppose you identify a desirable replacement property that you want to acquire immediately, but you haven’t yet sold your current investment property. You engage Deferred.com to facilitate a reverse exchange.

  1. Day 1: You identify the replacement property and arrange for Deferred.com to act as the EAT. Deferred.com acquires the replacement property using funds you provide.
  2. Day 45: You identify the relinquished property you intend to sell. This identification must occur within 45 days of the EAT acquiring the replacement property, although this is not a strict requirement in reverse exchanges as it is in forward exchanges.
  3. Day 180: You must complete the sale of your relinquished property and finalize the exchange. Deferred.com, as the EAT, transfers the replacement property to you, completing the reverse exchange.

Throughout this process, the replacement property is “parked” with Deferred.com for a maximum of 180 days. This timeline is critical because failing to complete the exchange within this period could result in the transaction not qualifying for tax deferral under Section 1031.

The reverse exchange structure is particularly beneficial in competitive markets where you need to secure a replacement property quickly. By using Deferred.com as your qualified intermediary, you can ensure that the transaction adheres to IRS guidelines, allowing you to defer capital gains taxes effectively.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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