Federally Declared Disaster Extensions for 1031 Exchanges

If you are in the unfortunate situation of being affected by a federally declared natural disaster, please contact your 1031 CORP. Exchange Officer immediately. Under Revenue Procedure 2018-58, you may qualify for an extension to your 45-Day Identification and 180-Day Exchange Period deadlines. Extensions are not automatic and they do not apply to state or local states of emergency or all federally declared disasters. IRS issues a Notice or News Release listing the affected areas. A list of affected areas can be found on Tax Relief in Disaster Situation page on the IRS website

Extensions apply to reverse and delayed exchanges and provide the greater of either a 120 day extension or until the specific deadline date provided in the extension.

Taxpayers that may qualify for an extension are defined as follows: (a) An “affected taxpayer” as defined in IRC section 301.7508A-1(d)(1) of the Procedure and Administration Regulations; OR (b) Has difficulty meeting the 45-day identification or 180-day exchange deadlines for the following or similar reasons:

  1. The relinquished property or the replacement property is located in a covered disaster area;
  2. The principal place of business of any party to the transaction (for example, the qualified intermediary, exchange accommodation titleholder, transferee, settlement attorney, lender, financial institution, or a title insurance company) is located in the covered disaster area;
  3. Any party to the transaction (or an employee of such a party who is involved in the 1031 exchange transaction) is killed, injured, or missing as a result of the federally declared natural disaster;
  4. A document prepared in connection with the exchange (for example, the agreement between the transferor and the qualified intermediary or the deed to the relinquished property or replacement property) or a relevant land record is destroyed, damaged, or lost as a result of the federally declared disaster;
  5. A lender decides not to fund either permanently or temporarily a real estate closing due to the federally declared disaster or declared disaster or refuses to fund a loan to the taxpayer because flood, disaster, or other hazard insurance is not available due to the federally declared disaster; or
  6. A title insurance company is not able to provide the required title insurance policy necessary to settle or close a real estate transaction due to the federally declared disaster.

The extension also applies to relief workers affiliated with recognized charities and government agencies assisting in the affected area.

Note it is imperative that you notify your 1031 CORP. Exchange Officer if you are affected by a federally declared disaster because it is impossible for us know, especially if the disaster area is not where your exchange properties are located.

The IRS disaster help line is 1-866-562-5227.

Below is a list of the most recent disaster extensions. 

West Virginia: July 10, 2024

Boone, Brooke, Doddridge, Gilmer, Hancock, Kanawha, Lincoln, Marshall, Ohio, Roane, Tyler, Wetzel, and Wood counties qualify for tax relief.

The disaster date began on April 11, 2024.

The general postponement date is November 1, 2024.

IRS Notice WV-2024-04

Mississippi: June 27, 2024

Hancock, Hinds, Humphreys, Madison, Neshoba, and Scott counties qualify for tax relief.

The disaster date began on April 8, 2024.

The general postponement date is November 1, 2024.

IRS Notice MS-2024-11

Iowa: June 27, 2024 (updated 7/10/2024)

Buena Vista, Cherokee, Clay, Dickinson, Emmet, Lyon, O'Brien, Osceola, Plymouth, Sioux, and Woodbury counties qualify for tax relief.

The disaster date began on June 16, 2024.

The general postponement date is November 1, 2024.

IRS Notice IA-2024-08

New Mexico: June 26, 2024

Lincoln and Otero counties and on lands of the Mescalero Apache Tribe qualify for tax relief.

The disaster date began on June 17, 2024.

The general postponement date is November 1, 2024.

IRS Notice NM-2024-05

Florida: June 25, 2024(updated 6/28/2024)

Baker, Gadsden, Hamilton, Jefferson, Lafayette, Leon, Liberty, Madison, Santa Rosa, Suwannee, Taylor, and Wakulla counties qualify for tax relief.

The disaster date began on May 10, 2024.

The general postponement date is November 1, 2024.

IRS Notice FL-2024-06

Oklahoma: June 25, 2024

Blaine, Caddo, Cluster, Delaware, Jackson, Mayes, Muskogee, and Rogers counties qualify for tax relief.

The disaster date began on May 19, 2024.

The general postponement date is November 1, 2024.

IRS Notice OK-2024-02

Arkansas: June 6, 2024(Updated 6/13/2024)

Baxter, Benton, Boone, Carroll, Fulton, Greene, Madison, Marion, Nevada, Randolph, and Sharp counties qualify for tax relief.

The disaster date began on May 24, 2024.

The general postponement date is November 1, 2024.

IRS Notice AR-2024-01

West Virginia: June 7, 2024

Boone, Brooke, Cabell, Fayette, Hancock, Kanawha, Lincoln, Marshall, Nicholas, Ohio, Preston, Putnam, Tyler, Wayne, and Wetzel counties qualify for tax relief.

The disaster date began on April 2, 2024.

The general postponement date is November 1, 2024.

IRS Notice WV-2024-03

Kentucky: June 7, 2024

Boyd, Carter, Fayette, Greenup, Henry, Jefferson, Jessamine, Mason, Oldham, Union, and Whitley counties qualify for tax relief.

The disaster date began on April 2, 2024.

The general postponement date is November 1, 2024.

IRS Notice KY-2024-02

Iowa: June 6, 2024

Adair, Montgomery, Polk, and Story counties qualify for tax relief.

The disaster date began on May 20, 2024.

The general postponement date is November 1, 2024.

IRS Notice IA-2024-04

Texas: May 28, 2024 (updated 5/30/2024)

Bell, Calhoun, Collin, Cooke, Denton, Eastland, Guadalupe, Hardin, Harris, Henderson, Jasper, Jones, Lamar, Liberty, Montague, Montgomery, Polk, San Jacinto, Trinity, Tyler, Walker, and Waller counties qualify for tax relief.

The disaster date began on April 26, 2024.

The general postponement date is November 1, 2024.

IRS Notice TX-2024-13

Iowa: May 17, 2024

Clarke, Harrison, Mills, Polk, Pottawattamie, Ringgold, Shelby, and Union counties qualify for tax relief.

The disaster date began on April 26, 2024.

The general postponement date is October 15, 2024.

IRS Notice IA-2024-03

Ohio: May 16, 2024

Auglaize, Crawford, Darke, Delaware, Hancock, Licking, Logan, Mercer, Miami, Richland, and Union counties qualify for tax relief.

The disaster date began on March 14, 2024.

The general postponement date is September 3, 2024.

IRS Notice OH-2024-01

Nebraska: May 9, 2024 (last updated as of 5/29/2024)

Boone, Douglas, Greeley, Howard, Sherman, and Washington counties qualify for tax relief.

The disaster date began on April 25, 2024.

The general postponement date is September 3, 2024.

IRS Notice NE-2024-12

Oklahoma: May 6, 2024 (last updated as of 6/5/2024)

Carter, Coal, Cotton, Craig, Haskell, Hughes, Johnston, Kay, Lincoln, Love, McClain, Murray, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pittsburg, Pontotoc, Pottawatomie, Tillman, Washington, and Washita counties qualify for tax relief.

The disaster date began on April 25, 2024.

The general postponement date is September 3, 2024.

IRS Notice OK-2024-01

Maine: April 4, 2024

Cumberland, Hancock, Knox, Lincoln, Sagadahoc, Waldo, Washington, and York counties qualify for tax relief.

The disaster date began on January 9, 2024.

The general postponement date is July 15, 2024.

IRS Notice ME-2024-05

Rhode Island: April 4, 2024 (updated 5/16/2024)

Kent, Newport, Providence, and Washington counties qualify for tax relief.

The disaster date began on December 17, 2023.

The general postponement date is July 15, 2024.

IRS Notice RI-2024-05

Alaska: March 25, 2024

Wrangell Cooperative Association of Alaska Tribal Nation, qualify for tax relief.

The disaster date began on November 20, 2023.

The general postponement date is July 15, 2024.

IRS Notice AK-2024-04