SECTION 1031 EXCHANGE IDENTIFICATION LETTER
REPLACEMENT PROPERTY IDENTIFICATION NOTICE
EXCHANGER INFORMATION
Exchanger Name(s): [FULL LEGAL NAME(S)]
Social Security Number / EIN: [SSN/EIN]
Address:
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE NUMBER]
Email: [EMAIL]
Entity Type:
☐ Individual
☐ Married Couple (Joint Ownership)
☐ Trust
☐ LLC
☐ Partnership
☐ Corporation
☐ Other: [DESCRIBE]
EXCHANGE INFORMATION
Exchange Number: [QI ASSIGNED NUMBER]
Qualified Intermediary:
- Company: [QI NAME]
- Address: [ADDRESS]
- Contact: [NAME]
- Phone: [PHONE]
- Email: [EMAIL]
Relinquished Property:
- Address: [PROPERTY ADDRESS]
- Legal Description: [LEGAL DESCRIPTION]
- Date of Transfer/Sale: [DATE]
- Sales Price: $[AMOUNT]
IDENTIFICATION DEADLINES
Critical Dates:
| Milestone | Date |
|---|---|
| Relinquished Property Transfer Date | [DATE] |
| 45-Day Identification Deadline | [DATE] |
| 180-Day Exchange Deadline | [DATE] |
| Tax Return Due Date (if earlier) | [DATE] |
| Applicable Exchange Deadline | [DATE] |
IMPORTANT: The identification must be received by the Qualified Intermediary by midnight on the 45th day. This deadline cannot be extended except in cases of presidentially declared disasters.
IDENTIFICATION NOTICE
[DATE]
[QUALIFIED INTERMEDIARY NAME]
[ADDRESS]
Re: Replacement Property Identification
Exchange Number: [NUMBER]
Exchanger: [NAME]
Relinquished Property: [ADDRESS]
Dear [QI CONTACT]:
Pursuant to Treasury Regulation § 1.1031(k)-1(c), I hereby identify the following property(ies) as potential replacement property(ies) for the above-referenced IRC § 1031 like-kind exchange.
This identification is made within 45 days of the transfer of the relinquished property, which occurred on [DATE].
IDENTIFIED REPLACEMENT PROPERTIES
IDENTIFICATION RULE BEING USED:
☐ Three-Property Rule - Identifying up to 3 properties regardless of value
☐ 200% Rule - Identifying more than 3 properties, but aggregate FMV does not exceed 200% of relinquished property value
- Relinquished Property Value: $[AMOUNT]
- 200% Limit: $[AMOUNT × 2]
☐ 95% Rule - Identifying properties exceeding 200% of relinquished property value (must acquire 95% of value identified)
PROPERTY IDENTIFICATION
Property 1:
Property Address:
[FULL STREET ADDRESS]
[CITY, STATE ZIP]
Legal Description:
[PROVIDE COMPLETE LEGAL DESCRIPTION OR ATTACH AS EXHIBIT]
County/Parish: [COUNTY]
Parcel/Tax ID Number: [NUMBER]
Property Type:
☐ Residential Rental
☐ Commercial
☐ Industrial
☐ Land
☐ Mixed Use
☐ Other: [DESCRIBE]
Estimated Fair Market Value: $[AMOUNT]
Additional Identifying Information:
[ANY OTHER INFORMATION THAT UNAMBIGUOUSLY IDENTIFIES THE PROPERTY]
Property 2:
Property Address:
[FULL STREET ADDRESS]
[CITY, STATE ZIP]
Legal Description:
[PROVIDE COMPLETE LEGAL DESCRIPTION OR ATTACH AS EXHIBIT]
County/Parish: [COUNTY]
Parcel/Tax ID Number: [NUMBER]
Property Type:
☐ Residential Rental
☐ Commercial
☐ Industrial
☐ Land
☐ Mixed Use
☐ Other: [DESCRIBE]
Estimated Fair Market Value: $[AMOUNT]
Additional Identifying Information:
[ANY OTHER INFORMATION THAT UNAMBIGUOUSLY IDENTIFIES THE PROPERTY]
Property 3:
Property Address:
[FULL STREET ADDRESS]
[CITY, STATE ZIP]
Legal Description:
[PROVIDE COMPLETE LEGAL DESCRIPTION OR ATTACH AS EXHIBIT]
County/Parish: [COUNTY]
Parcel/Tax ID Number: [NUMBER]
Property Type:
☐ Residential Rental
☐ Commercial
☐ Industrial
☐ Land
☐ Mixed Use
☐ Other: [DESCRIBE]
Estimated Fair Market Value: $[AMOUNT]
Additional Identifying Information:
[ANY OTHER INFORMATION THAT UNAMBIGUOUSLY IDENTIFIES THE PROPERTY]
[ADD ADDITIONAL PROPERTIES IF USING 200% OR 95% RULE]
IDENTIFICATION SUMMARY
| Property # | Address | Estimated FMV |
|---|---|---|
| 1 | [ADDRESS] | $[AMOUNT] |
| 2 | [ADDRESS] | $[AMOUNT] |
| 3 | [ADDRESS] | $[AMOUNT] |
| Total Identified Value | $[TOTAL] |
Relinquished Property Value: $[AMOUNT]
Percentage of Relinquished Value: [%]
Identification Rule Compliance:
☐ Three-Property Rule: 3 or fewer properties identified
☐ 200% Rule: Total FMV does not exceed 200% of relinquished property
☐ 95% Rule: Must acquire 95% of identified value
ALTERNATIVE/CONTINGENT IDENTIFICATION (IF APPLICABLE)
In the event any of the above-identified properties becomes unavailable, the following alternative properties are identified:
Alternative Property A:
[ADDRESS]
[LEGAL DESCRIPTION]
Estimated FMV: $[AMOUNT]
Alternative Property B:
[ADDRESS]
[LEGAL DESCRIPTION]
Estimated FMV: $[AMOUNT]
Note: Alternative properties count toward the applicable identification rule limits.
CONSTRUCTION/IMPROVEMENT EXCHANGE (IF APPLICABLE)
☐ This identification includes property to be constructed or improved
Property to be Improved: [ADDRESS]
Improvements to be Made:
[DESCRIBE THE IMPROVEMENTS]
Estimated Cost of Improvements: $[AMOUNT]
Improvement Completion Timeline:
[DESCRIBE WHEN IMPROVEMENTS WILL BE COMPLETED]
REVOCATION NOTICE (IF APPLICABLE)
☐ This identification revokes all prior identifications made for this exchange
OR
☐ This identification revokes the following previously identified property(ies) only:
[LIST PROPERTIES BEING REVOKED]
Note: Revocations must be made in writing and delivered before the end of the 45-day identification period.
EXCHANGER CERTIFICATION
I, [EXCHANGER NAME], certify that:
-
This identification is made within 45 days of the transfer of the relinquished property
-
The identified properties are described with sufficient specificity to constitute an unambiguous identification
-
I intend to acquire one or more of the identified properties as replacement property in this like-kind exchange
-
I understand that I may only acquire property that has been properly identified
-
I understand that this identification may be revoked only before the end of the 45-day identification period
-
I have read and understand the identification rules under Treasury Regulation § 1.1031(k)-1(c)
Exchanger Signature: ___________________________________
Printed Name: [NAME]
Date: [DATE]
Co-Exchanger Signature (if applicable): ___________________________________
Printed Name: [NAME]
Date: [DATE]
DELIVERY INSTRUCTIONS
This identification must be delivered to:
-
Qualified Intermediary (Required)
- [QI NAME]
- [ADDRESS]
- [EMAIL/FAX] -
Settlement Agent (Optional but recommended)
- [NAME]
- [ADDRESS]
Delivery Methods:
☐ Personal delivery
☐ Certified mail, return receipt requested
☐ Overnight courier (FedEx, UPS, etc.)
☐ Facsimile: [FAX NUMBER]
☐ Email (if QI accepts electronic delivery): [EMAIL]
DO NOT deliver to:
- Your attorney, real estate agent, or other agent (disqualified persons)
- The Exchanger's own records only
CONFIRMATION OF RECEIPT
For Qualified Intermediary Use:
Identification received by: ___________________________________
Date received: _______________
Time received: _______________
Identification within 45-day period: ☐ Yes ☐ No
IMPORTANT REMINDERS
-
Deadline is Absolute: The 45-day deadline cannot be extended except for presidentially declared disasters.
-
Midnight Rule: Identification must be received by midnight on the 45th day, not just mailed or sent.
-
Unambiguous Description: Provide enough detail to identify the property without confusion. Street address plus legal description is recommended.
-
No Changes After 45 Days: Once the 45-day period expires, you cannot add, change, or revoke identified properties.
-
Must Acquire Identified Property: You can only acquire replacement property that was properly identified.
-
180-Day Deadline: You must close on replacement property within 180 days of the relinquished property transfer (or by tax return due date, if earlier).
-
Retain Copy: Keep a copy of this identification and delivery confirmation for your records.
IDENTIFICATION RULES SUMMARY
Three-Property Rule:
- Identify up to 3 properties
- No limit on total value
- May acquire any or all
200% Rule:
- Identify more than 3 properties
- Total FMV cannot exceed 200% of relinquished property
- May acquire any or all
95% Rule:
- Identify any number of properties at any value
- MUST acquire 95% of the total value identified
- High-risk rule - rarely used
This template is provided for informational purposes and should be reviewed by a qualified tax professional before use in a 1031 exchange.
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