Throughout the month of August, the IRS has issued tax relief that can extend/postpone the 45-day and 180-day deadlines applicable to ongoing Section 1031 exchanges for the below-referenced disaster areas. Each Notice provides universal tax relief that extends the deadline to file various individual and business tax returns and to make tax payments for affected taxpayers. An updated list of posted notices can be found on the IRS website. For background regarding this tax relief and additional considerations, please review the linked IRS disaster guidance.

MISSISSIPPI (MS-2023-03) Severe Storms and Tornadoes:

Notice posted August 15, 2023. Disaster that occurred from June 14, 2023, to June 19, 2023, now has a general postponement date of October 16, 2023. For an updated list of affected Mississippi counties and to learn more about the relief available, see the IRS website here.

ILLINOIS (IL-2023-06) Severe Storms and Flooding:

Notice posted August 16, 2023. Disaster began on June 29, 2023. The general postponement date is October 31, 2023. For an updated list of affected Illinois counties and to learn more about the relief available, see the IRS website here.

HAWAII (HI-2023-05) Wildfires:

Notice posted August 21, 2023. Disaster began on August 8, 2023. The general postponement date is February 15, 2024. For an updated list of affected parts of Hawaii and to learn more about the relief available, see the IRS website here.

ALASKA (AK-2023-10) Flooding:

Notice posted August 29, 2023. Disaster began on May 12, 2023. The general postponement date is October 31, 2023. For an updated list of affected Alaska counties and to learn more about the relief available, see the IRS website here.

FLORIDA (FL-2023-06) Hurricane Idalia:

Notice posted August 30, 2023. Disaster began on August 27, 2023. The general postponement date is February 15, 2024. For an updated list of affected Florida counties and to learn more about the relief available, see the IRS website here.

In addition to the General Relief, affected taxpayers and impacted exchangers who started their exchange on or before the disaster may qualify for extended relief pursuant to Rev. Proc. 2018-58, Section 17.

**Eligibility for disaster extensions could vary on a case-by-case basis and the Covered Disaster Areas specified in IRS guidance are often updated over time. Exchangers and their advisors should carefully review any IRS guidance regarding disaster relief and make any determinations accordingly. When considering the impact of these disasters, it is important to determine if you or one of your clients is an affected taxpayer or otherwise eligible for tax relief, even if located far from the disaster area. If so, you should promptly contact your 1031 qualified intermediary.

If you are a current client, your tax advisor believes that you are eligible for this relief, and you have decided to apply it to your exchange, please contact our office at 877-701-1031, ext. 1, to notify us and discuss.

Legal 1031 Exchange Services LLC does not provide tax or legal advice, nor can we make any representations or warranties regarding the tax consequences of any transaction. Taxpayers must consult their tax and/or legal advisors for this information. Unless otherwise expressly indicated, any perceived federal tax advice contained in this article/communication, including attachments and enclosures, is not intended, or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matters addressed herein.
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