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LETTER OF IDENTIFICATION BASICS

Within 45 days of the transfer of relinquished property a letter listing potential replacement property must be received. The letter must be dated and signed by all parties to the exchange.

3 identification safe harbors (guidelines) from the IRS

  1. You may identify up to 3 properties of any value OR

  2. If more than 3 properties are identified, the combined fair market values of the properties identified may not exceed 200% of the value of the property relinquished (sold) OR

  3. Any number of properties of any value can be listed so long as 95% of the value of identified properties is purchased.

Simple language that does the job

I/We identify the following property(ies) to complete my/our IRC § 1031 Tax Deferred Exchange:

Bullet Item List the properties in priority order, i.e. the one you hope to purchase first, the back-ups next.
Bullet Item Be specific. Utilize physical addresses including street number and name. List the condominium number, lot, or other identifying number as well as city, state and zip code.
Bullet Item Include the tax parcel number for each property if possible.
Bullet Item If purchasing only a portion of a property, specify the percentage. You must identify substantially what you purchase.

Delivering your letter

Bullet Item Faxes are time and date stamped
Bullet Item A mailed letter is postmarked
Bullet Item Be sure someone signs for your letter if it is delivered
Bullet Item Email must be of a scanned letter in order to include the signature

Identification is not cookie-cutter. We specialize in customizing your letter once we understand your exchange goals and objectives.

 

 

 

 

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