Reference no: EM132659629

Problem - A Delayed § 1031 Like-Kind Exchange: If at First You Don't Succeed, Try Again

Randall owns an office building (adjusted basis of $250,000) that he has been renting to a group of physicians. During negotiations over a new seven-year lease, the physicians offer to purchase the building for $900,000. Randall accepts the offer with the stipulation that the sale be structured as a delayed § 1031 transaction. Consequently, the sales proceeds are paid to a qualified third-party intermediary on the closing date of September 30, 2019.

On October 2, 2019, Randall properly identifies an office building that he would like to acquire. Unfortunately, on November 10, 2019, the property Randall selected is withdrawn from the market. Working with the intermediary, on November 12, 2019, Randall identifies another office building that meets his requirements. The purchase of this property closes on December 15, 2019, and the title is transferred to Randall.

Randall treats the transaction as a like-kind exchange. Even though the original office building identified was not acquired, Randall concludes that in substance, he has satisfied the 45-day rule. He identified the acquired office building as soon as the negotiations ceased on his first choice. Should the IRS accept Randall's attempt to comply?