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. 

California: February 27, 2024

San Diego County qualifies for tax relief.

The disaster date began on January 21, 2024.

The general postponement date is June 17, 2024.

IRS Notice CA-2024-02

Michigan: February 16, 2024

Eaton, Ingham, Ionia, Kent, Livingston, Macomb, Monroe, Oakland, and Wayne counties, qualify for tax relief.

The disaster date began on August 24, 2023.

The general postponement date is June 17, 2024.

IRS Notice MI-2024-01

West Virginia: February 7, 2024

Boone, Calhoun, Clay, Harrison, Kanawha, and Roane counties, qualify for tax relief.

The disaster date began on August 28, 2023.

The general postponement date is June 17, 2024.

IRS Notice WV-2024-01

Maine: February 5, 2024

Androscoggin, Franklin, Hancock, Kennebec, Oxford, Penobscot, Piscataquis, Somerset, Waldo, and Washington counties, qualify for tax relief.

The disaster date began on December 17, 2023.

The general postponement date is June 17, 2024.

IRS Notice ME-2024-02

Rhode Island: January 26, 2024

Providence County qualifies for tax relief.

The disaster date began on September 10, 2023.

The general postponement date is June 17, 2024.

IRS Notice RI-2024-01

Connecticut: January 22, 2024

New London County, and the Tribal Nations of Mohegan and Mashantucket Pequot qualify for tax relief.

The disaster date began on January 10, 2024.

The general postponement date is June 17, 2024.

IRS Notice CT-2024-01

Tennessee: December 22, 2023 (updated 1/9/2024)

Cheatham, Davidson, Dickson, Gibson, Montgomery, Stewart, and Sumner counties qualify for tax relief.

The disaster date began on December 9, 2023.

The general postponement date is June 17, 2024.

IRS Notice TN-2023-06

US Virgin Islands: November 24, 2023

Individuals and households affected by elevated levels of lead and copper that reside or have a business in St. Croix qualify for tax relief.

The general postponement date is February 29, 2024.

IRS Notice VI-2023-01

Illinois: November 24, 2023

Cook County

The general postponement date is February 15, 2024.

IRS Notice IL-2023-07

Northern Mariana Islands: October 17, 2023

Agrihan, Alamagan, Pagan, Rota, Saipan, and Tinian islands qualify for tax relief.

The disaster date began on October 17, 2023.

The general postponement date is February 15, 2024.

IRS Notice NMI-2023-02

Guam: October 17, 2023

Individuals and households affected by the storm that reside or have a business in Guam qualify for tax relief.

The disaster date began on October 8, 2023.

The general postponement date is February 15, 2024.

IRS Notice GU-2023-02

Louisiana: September 29, 2023 (updated 12/1/2023)

Jefferson, Orleans, Plaquemines, St. Bernard and St. Mary parishes qualify for tax relief.

The disaster date began on September 20, 2023.

The general postponement date is February 15, 2024.

IRS Notice LA-2023-01

Maine: September 25, 2023

Androscoggin, Aroostook, Cumberland, Franklin, Hancock, Kennebec, Knox, Lincoln, Oxford, Penobscot, Piscataquis, Sagadahoc, Somerset, Waldo, Washington, and York counties qualify for tax relief.

The disaster date began on September 15, 2023.

The general postponement date is February 15, 2024.

IRS Notice ME-2023-03

Massachusetts: September 25, 2023

Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk and Worcester counties qualify for tax relief.

The disaster date began on September 15, 2023.

The general postponement date is February 15, 2024.

IRS Notice MA-2023-04

Georgia: September 12, 2023

All 46 counties in South Carolina qualify.

The disaster date began on August 29, 2023.

The general postponement date is February 15, 2024.

IRS Notice IR-2023-163

South Carolina: September 6, 2023

All 46 counties in South Carolina qualify.

The disaster date began on August 29, 2023.

The general postponement date is February 15, 2024.

IRS Notice IR-2023-163

Florida: August 30, 2023

Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hardee, Hernando, Hillsborough, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia and Wakulla counties in Florida.

Disaster date that began on August 27, 2023.

The general postponement date is February 15, 2024.

IRS Notice FL-2023-06

Alaska: August 29, 2023

Bering Strait, Copper River, Kuspuk, Lower Kuskokwim, Lower Yukon and Yukon Flats in Alaska.

Disaster date that began on May 12, 2023.

The general postponement date is October 31, 2023.

IRS Notice AK-2023-10

Hawaii: August 21, 2023

Maui and Hawaii Counties.

Disaster date that began on August 8, 2023.

The general postponement date is October 15, 2024.

IRS Notice HI-2023-05

Illinois: August 16, 2023

Cook County

Disaster date that began on June 29, 2023.

The general postponement date is October 31, 2023.

IRS Notice IL-2023-06

Mississippi: August 15, 2023

Claiborne, Copiah, Covington, Jackson, Jasper, Jefferson, Jefferson Davis, Lawrence, Leake, Neshoba, Newton, Rankin, Scott, Simpson, Smith and Wayne Counties.

Disaster date from June 14, 2023, to June 19, 2023.

The general postponement date is October 16, 2023.

IRS Notice MS-2023-03