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Dont Lose Your Full 180 Day Exchange Period File a Tax Extension If Your 1031 Sale Closes Late in the Year

If you're completing a 1031 exchange and your relinquished property is set to close between October 17 and December 31, 2025, it's critical to understand that your standard 180-day exchange period may be shortened—unless you take the right steps.
Why Your Exchange Period Could Be Cut Short
Under Treasury Regulation §1.1031(k)-1(b)(ii), the 180-day exchange period ends on the earlier of:
- 180 days from the date the relinquished property is transferred, or
- The due date of your tax return, including extensions, for the year in which the relinquished property is sold.
This means that if your relinquished property closes late in the year, the typical April 15 tax deadline could cut your exchange period short—unless you file for an extension.
Real-World Example
Let’s say Mr. Smith sells Greenacre Farm on December 11, 2025, as part of a 1031 exchange. The 180th day following that sale would be June 9, 2026. However, Mr. Smith’s tax return is due on April 15, 2026, which falls before the 180-day mark.
Unless Mr. Smith files for an extension, his exchange period will end prematurely on April 15, 2026, not June 9. By filing for an extension, Mr. Smith preserves his right to use the full 180 days to complete the exchange.
What You Should Do
If your relinquished property is closing between October 17 and December 31, 2025, and you’re participating in a 1031 exchange:
- Mark your calendar: The anticipated tax deadline for 2025 is April 15, 2026.
- File for a tax extension before that date to preserve your full 180-day exchange period.
- Consult your tax or legal advisor to make sure all steps are taken correctly.
For more information about filing for an extension, visit the IRS website:
https://www.irs.gov/taxtopics/
Reminder: Tax rules surrounding 1031 exchanges are complex. Always consult your tax or legal advisor to understand how these rules apply to your specific situation.
Source from Julie Bratton
Vice President | Old Republic Exchange Company