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. 

Georgia: January 19, 2023

Butts, Henry, Jasper, Meriwether, Newton, Spalding, and Troup counties.

Disaster date began January 12, 2023General postponement date is May 15, 2023.

IRS Notice GA-2023-01

Alabama: January 19, 2023 (updated 1/27/2023)

Autauga, Coosa, Dallas, Elmore, Greene, Hale, Sumter and Tallapoosa counties.

Disaster date began January 12, 2023General postponement date is May 15, 2023.

IRS Notice AL-2023-01

California: January 11, 2023

Alameda, Colusa, Contra Costa, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, Ventura, Yolo, and Yuba counties.

Disaster date began January 8, 2023General postponement date is May 15, 2023.

IRS Notice CA-2023-01

New York (2): December 29, 2022

Erie and Genesee counties.

Disaster date began December 23, 2022General postponement date is April 18, 2023.

IRS Notice NY-2022-09

New York (1): December 2, 2022

Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence, and Wyoming counties.

Disaster date began November 18, 2022General postponement date is March 15, 2023.

IRS Notice NY-2022-08

Florida: (Hurricane Nicole): December 16, 2022

Alachua, Baker, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, and Washington counties. 

Disaster date began November 7, 2022General postponement date is March 15, 2023.

IRS Notice FL-2022-20

Illinois: November 16, 2022

St. Clair county.

Disaster date began July 25, 2022General postponement date is February 15, 2023.

IRS Notice IL-2022-08