45-Day 1031 Identification Deadline: How to Beat It
The 45-day 1031 identification deadline is where exchanges die. From the day your sale closes, you have 45 calendar days — weekends and holidays included, no extensions — to identify replacement property in writing to your Qualified Intermediary.
Most investors start looking after the clock starts. That's the mistake. Here's how the rule works and how to get ahead of it.
The Three Identification Rules
Identification must be specific — a written, signed document naming the properties, delivered to your QI by day 45. "Something industrial in Texas" doesn't count. An address does.
- Three-property rule: identify up to 3 properties of any value — the standard route
- 200% rule: identify more than 3 if their combined value stays under 200% of what you sold
- 95% rule: identify anything, but then you must close on 95% of the identified value — rarely used
How to Make Day 45 a Non-Event
The fix is having identifiable property before the clock starts. Our Texas industrial inventory is live — priced, occupied, closable. Investors who call before their sale closes walk into day one with their three-property list already drafted.
Current Replacement Property Inventory
The Brown Portfolio
Houston, TX · Small Bay Industrial
$7,760,000
57,565 SF · 100% occupied
East Houston Shallow Bay Portfolio
Houston, TX · Small Bay Industrial
Contact for Pricing
· 100% occupied
Highway 30 Business Park
College Station, TX · Small Bay Industrial
Contact for Pricing
186,225 SF · 94.5% occupied
Common Questions
Can the 45 days be extended?
Only one way: an IRS disaster-relief notice invoking Rev. Proc. 2018-58 for your area. A Presidential disaster declaration by itself does not extend anything. Plan on the number being absolute.
Can I change my list after day 45?
No — you can only close on properties you identified. That's why the list should include a backup, not just your favorite.
What happens if I miss it?
The exchange fails and the gain becomes taxable in the year of sale. The QI returns your funds after the exchange period ends.
Ready to Deploy Your 1031 Capital?
Call us at 717-553-6888 or send an inquiry. We coordinate the exchange from identification to closing.
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