The 45 and 180 Day Rules.

Identification Period: The Exchanger must identify the Replacement Property within 45 days of the transfer of the Relinquished Property. The Exchanger can identify more than one possible Replacement property using one of three options:

The three property rule - You may identify up to three replacement properties regardless of their fair market value. It is not necessary to purchase all of the identified properties. (Even if you intend to buy only one replacement property, it is advisable to identify one or two alternate properties in case the first property purchase falls through.) This is the most common rule utilized.

The 200% rule - If more than three properties are identified, their combined fair market values cannot exceed twice the fair market value of the property being disposed of.

The 95% exception - If more than three properties have been identified, and their total fair market value exceeds 200% of the value of what was sold, the exchange may still be valid if 95 % of the total cost of all properties on the list are purchased. This means that if the properties on your list have a total combined cost of (for example) $1,000,000, then you must purchase at least $950,000 of them.

Exchange Period: The Exchanger must complete the 1031 exchange transaction, which includes the receipt of title to all of their intended replacement properties, by the earlier of:

(a) the 180th calendar day after the Exchanger has transferred title to his or her first relinquished property to the buyer, OR

(b) the due date of the Exchanger's Federal income tax return for the tax year in which the relinquished property was sold, including extensions of time to file.

Exchangers do not have to worry about part (b) above unless their first relinquished property transaction closes on or after October 17th of any given tax year. Exchangers that have 1031 exchange transactions closing on or after October 17th will have fewer than 180 calendar days to complete their 1031 exchange transaction, unless they file for an extension of time to file their federal and, as necessary, state income tax returns. Once the extensions of time have been filed, the Exchanger must complete their 1031 exchange transaction within the 180 calendar days before they actually file their Federal and, if applicable, state income tax returns.