IRS Extends 1031 Exchanges

On Thursday, April 9, in response to the COVID-19 pandemic, the IRS issued a notice of extension to – amongst others – 1031 exchanges deadlines.  This extension applies to both the 45-day identification period, as well as the 180-day closing period and grants relief to all taxpayers, including “trusts, estates, corporations, and other non-corporate tax filers”.

1031 investors whose 45-day identification deadline falls between April 1st and July 14th will now have until July 15, 2020, to identify potential replacement properties.

Similarly, 1031 investors whose 180-day deadline falls between April 1st and July 14th of this year will have until July 15, 2020, to complete their acquisitions.

The current IRS guidance does NOT provide relief to investors whose deadlines expire prior to April 1st, or after July 15th.

Preceding the IRS’ clarification, various prominent commercial real estate organizations, trade groups, qualified intermediaries and their advisors petitioned Steve Mnuchin and the U.S. Treasury to explore such an extension.  While the recent guidance is welcome news across the real estate industry, it came with no shortage of controversy. Concerns range from dissatisfaction with the relatively narrow timeline addressed, to the unclear nature in which the notice was drafted.

As capital gains, concerns and general uncertainty mount, the impact of the IRS’s guidance will be felt throughout the industry.  Notwithstanding the troubling underlying market conditions, newfound loan processing burdens placed on lenders via the CARES Act, shelter-in-place orders, and the multitude of ancillary limitations experienced by many, the 1031 market has been highly stressed as both the timeline and pace of closings has slowed.  While no additional update or clarification is immediately expected, many investors and advisors continue to monitor the situation, as fluid and volatile as it is, shall further guidance result.

COVID-19 Resources

In an effort to show our support and commitment to our clients, investors and industry companies, InCommercial has compiled a list of important resources.

“If there is a silver lining to the COVID-19 pandemic, it is seeing everyone come together and support each other. It has been inspiring to witness people and companies alike using their influence for the greater good”.
– Erik Conrad, Founder & President


Chicago Business 100M Loan Fund
• Chicago Small Business Resiliency Loan Fund Information
Chicago Small Business Resiliency Fund Interest Application
IL Small Business Grants and Loans Assistance
State of Illinois
Department of Health


Retailer Hours and Closings
WSJ Retailer and Restaurant Tracker


Centers for Disease Control Updates
World Health Organization Updates
WHO COVID-19 Situation Map
U.S. Small Business Administration (SBA) Coronavirus Assistance
U.S. Chamber of Commerce Small Business Guide and Checklist
SBA Local Assistance Directory
ICSC State Mandates Overview
National Governors Association State Updates
State-Specific Legislative Status

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