Related DST offerings
One replacement option some exchangers consider is a Delaware Statutory Trust (DST): fractional ownership of institutional real estate that can qualify as like-kind replacement property in a 1031 exchange. The directory lists 179 Active DST offerings, each built from its SEC filings. Active means an SEC filing in the last 15 months and not reported fully subscribed. It does not confirm you can still invest.
- Active 1031 DST offerings179 Active
New to DSTs? What is a DST?
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Day 45 of a 1031 exchange lands on a Saturday. Your identification is still due that Saturday. Not Monday, not the next business day.
A 1031 exchange lets you defer the tax on a property sale by reinvesting the proceeds in a replacement property, and it runs on two hard deadlines: 45 days to identify that replacement, 180 days to close on it. Both are counted in calendar days. Weekends don't extend them. Holidays don't extend them.
How the two deadlines are counted
The clock starts the day after you close on the property you're selling. Count 45 calendar days from there, and that is your identification deadline. Count 180 calendar days from the same starting point, and that is your closing deadline. Both are absolute. If Day 180 falls on Christmas, your closing deadline is Christmas.
There is a second limit on the closing deadline: it can't fall later than the due date of your tax return, including extensions, for the year of the sale. Sell in October with a return due April 15 and no extension, and April 15 becomes your effective deadline, well before Day 180. Filing Form 4868 buys an automatic six-month extension of that return due date, which preserves the full 180-day window.
A separate deadline: reporting on Form 8824
Form 8824 is the form you file with your federal return to report the exchange, typically by April 15 of the year after the sale, and Form 4868 can extend that date too. It is a separate deadline. Whether you file it, and whether you file it on time, has no bearing on whether your exchange met the 45-day and 180-day requirements. Those were settled by what you did during the exchange itself.
Disaster relief is specifically announced
Apart from combat-zone relief for service members, the one thing that extends 1031 deadlines is IRS disaster relief after a federally declared disaster. The declaration alone does not move them; an IRS notice does.
When relief applies, the IRS publishes specific guidance that spells out:
- Which counties or zip codes are covered
- Which taxpayers qualify (under Rev. Proc. 2018-58, not only those whose relinquished or replacement property is in the covered area, but also those whose QI, title company, lender or other party to the deal is based there, or whose exchange documents were destroyed)
- How long the deadlines move (under Rev. Proc. 2018-58, both the 45-day and 180-day deadlines move by 120 days or to the end of the relief period, whichever is later, but never more than one year or past your return due date, including extensions)
- The exact effective dates
The IRS issues disaster postponements several times a year, for hurricanes, wildfires and storms. Each IRS notice names the covered areas and dates.
How to verify whether relief applies to you
- Check the IRS website for published disaster relief guidance
- Confirm your property is in a covered area, by county or zip code
- Look for guidance that specifically addresses 1031 exchange deadlines
- Confirm the extended deadline dates
- Verify all of it with your qualified intermediary (QI), the firm that administers your exchange, and your CPA
None of this is guaranteed. Until the IRS publishes guidance that covers your exchange, the standard deadlines are the only deadlines that apply.
Building in a buffer
On closing day, get your exact deadline dates from your QI in writing. A cushion absorbs the ordinary friction of a deal, the kind that makes a closing slip a day or two: identifying by around Day 40 leaves five days of room, and closing by around Day 160 leaves twenty. Calendar reminders at Day 30, Day 40, Day 44, Day 150, and Day 170 keep the dates in front of you, and filing Form 4868 in any exchange year keeps the return due date from quietly capping your 180 days.
The cost of missing a deadline by one day is the entire 1031 deferral. On a typical exchange, that runs to tens of thousands of dollars.
Frequently asked questions
What happens if Day 45 falls on a Saturday?
Your identification deadline still falls on that Saturday, not the following Monday. If you haven't identified a replacement property by then, the exchange is disqualified. It's an easy deadline to miscount, which is why the days are worth tracking closely.
Does Thanksgiving delay my 1031 timeline?
No. Federal holidays don't extend 1031 deadlines. The IRS office may be closed, but the deadline still passes. If Day 180 is Thanksgiving, your deadline is Thanksgiving, not the next business day.
When does the IRS grant disaster relief for 1031 exchanges?
When a federally declared disaster affects you, your property, or a party your exchange depends on, the IRS may publish guidance extending the deadlines. It has done this for hurricanes, wildfires, and other major disasters. A local event like minor flooding doesn't count: the President has to declare a disaster, and the IRS has to issue guidance.
How do I know if disaster relief applies to my property?
Check the IRS website for disaster relief guidance; each IRS notice lists the covered areas and who qualifies. Your qualified intermediary should be watching for this and flag it if it applies. If it might, your CPA or tax professional can research the specific guidance for your situation.
Does disaster relief extend both the 45-day and 180-day deadlines?
Both, as long as they fall on or after the disaster date. Under Rev. Proc. 2018-58, a 45-day or 180-day deadline that falls on or after that date moves if the relinquished property was transferred on or before it and the IRS notice for that disaster grants relief. A 45-day deadline that had already passed moves only if an identified replacement property was substantially damaged. Tell your QI in writing that you are relying on the relief.