Throughout the month of November, 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.
ARIZONA (AZ-2024-09) Flooding:
Notice posted November 6, 2024. Relief for individuals and businesses located in specific Tribes of Arizona that were affected by flooding that began on August 22, 2024. Taxpayers now have until February 3, 2025, to file various federal individual and business tax returns. To learn more about the relief and specific areas affected, see the IRS website here.
NEW YORK (NY-2024-13) Severe Storms, Flooding:
Notice posted November 12, 2024. Relief for individuals and businesses located in specific Tribes of New York that were affected by severe storms and flooding from the remnants of Tropical Storm Debby that began on August 8, 2024. Taxpayers now have until February 3, 2025, to file various federal individual and business tax returns. To learn more about the relief and specific areas affected, see the IRS website here.
SOUTH DAKOTA (SD-2024-14) Severe Storms, Flooding, Straight-line Winds:
Notice posted November 12, 2024. Relief for individuals and businesses located in specific Tribes of South Dakota that were affected by severe storms, straight-line winds and flooding that began on July 13, 2024. Taxpayers now have until February 3, 2025, to file various federal individual and business tax returns. To learn more about the relief and specific areas affected, see the IRS website here.
NEW MEXICO (NM-2024-07) Severe Storms, Flooding:
Notice posted November 13, 2024. Relief for individuals and businesses that were affected by severe storms and flooding that began on October 19, 2024. Taxpayers now have until May 1, 2025, to file various federal individual and business tax returns. To learn more about the relief and specific areas affected, see the IRS website here.
MONTANA (MT-2024-02) Severe Storms, Straight-line Winds:
Notice posted November 20, 2024. Relief for individuals and businesses located in specific Tribes of Montana that were affected by severe storms and straight-line winds that began on August 6, 2024. Taxpayers now have until February 3, 2025, to file various federal individual and business tax returns. To learn more about the relief and specific areas affected, see the IRS website here.
In addition to any applicable General Relief, affected taxpayers and impacted exchangers who started their exchange on or before the disaster date 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.
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